Missouri Statute | Act | Code |Education And Libraries| US Code - US Statute

As used in chapters 160, 161, 162, 163, 164, 165, 167, 168, 170,
171, 177 and 178, RSMo, the following terms mean:

(1) "District" or "school district", when used alone, may include
seven-director, urban, and metropolitan school districts;

(2) "Elementary school", a public school giving instruction in a grade or
grades not higher than the eighth grade;

(3) "Family literacy programs", services of sufficient intensity in terms
of hours, and of sufficient duration, to make sustainable changes in
families that include:

(a) Interactive literacy activities between parents and their children;

(b) Training of parents regarding how to be the primary teacher of their
children and full partners in the education of their children;

(c) Parent literacy training that leads to high school completion and
economic self sufficiency; and

(d) An age-appropriate education to prepare children of all ages for
success in school;

(4) "Graduation rate", the quotient of the number of graduates in the
current year as of June thirtieth divided by the sum of the number of
graduates in the current year as of June thirtieth plus the number of
twelfth graders who dropped out in the current year plus the number of
eleventh graders who dropped out in the preceding year plus the number of
tenth graders who dropped out in the second preceding year plus the
number of ninth graders who dropped out in the third preceding year;

(5) "High school", a public school giving instruction in a grade or
grades not lower than the ninth nor higher than the twelfth grade;

(6) "Metropolitan school district", any school district the boundaries of
which are coterminous with the limits of any city which is not within a
county;

(7) "Public school" includes all elementary and high schools operated at
public expense;

(8) "School board", the board of education having general control of the
property and affairs of any school district;

(9) "School term", a minimum of one hundred seventy-four school days, as
that term is defined in section 160.041, and one thousand forty-four
hours of actual pupil attendance as scheduled by the board pursuant to
section 171.031, RSMo, during a twelve-month period in which the academic
instruction of pupils is actually and regularly carried on for a group of
students in the public schools of any school district. A "school term"
may be within a school year or may consist of parts of two consecutive
school years, but does not include summer school. A district may choose
to operate two or more terms for different groups of children;

(10) "Secretary", the secretary of the board of a school district;

(11) "Seven-director district", any school district which has seven
directors and includes urban districts regardless of the number of
directors an urban district may have unless otherwise provided by law;

(12) "Taxpayer", any individual who has paid taxes to the state or any
subdivision thereof within the immediately preceding twelve-month period
or the spouse of such individual;

(13) "Town", any town or village, whether or not incorporated, the plat
of which has been filed in the office of the recorder of deeds of the
county in which it is situated;

(14) "Urban school district", any district which includes more than half
of the population or land area of any city which has not less than
seventy thousand inhabitants, other than a city which is not within a
county. (L. 1963 p. 200 § 1-1, A.L. 1965 p. 275, A.L. 1967 p. 232, A.L.
1972 H.B. 1046, A.L. 1973 H.B. 38, H.B. 158, A.L. 1977 H.B. 130, A.L.
1982 S.B. 832, A.L. 1983 S.B. 39, A.L. 1984 H.B. 1456 & 1197, A.L. 1986
H.B. 1554 Revision, A.L. 1990 H.B. 1070, A.L. 1997 H.B. 641 & 593, A.L.
1998 S.B. 781, A.L. 2002 H.B. 1711)

(Source: RSMo 1959 § 161.010, A.L. 1961 p. 345 §§ 165.010, 165.207,
165.263)

*Revisor's note:

Invalidity of section 82.293 shall not affect the validity of this
section, RSMo 82.293.

The public school districts existing under the laws of this
state are divided into the following classes; namely, seven-director,
urban, and metropolitan school districts. (L. 1963 p. 200 § 1-2, A.L.
1973 H.B. 158, A.L. 1997 H.B. 641 & 593)

(Source: RSMo 1959 § 165.010)

For the purpose of taxation under section 11 of article X of the
constitution, the term "school districts formed of cities or towns"
includes any seven-director district in which is located any town or
incorporated city. (L. 1963 p. 200 § 1-3)

1. The "minimum school day" consists of three hours in which the
pupils are under the guidance and direction of teachers in the teaching
process. A "school month" consists of four weeks of five days each. The
"school year" commences on the first day of July and ends on the
thirtieth day of June following.

2. Notwithstanding the provisions of subsection 1 of this section, the
commissioner of education is authorized to reduce the required number of
hours and days in which the pupils are under the guidance and direction
of teachers in the teaching process if:

(1) There is damage to or destruction of a public school facility which
requires the dual utilization of another school facility; or

(2) Flooding prevents students from attending the public school facility.
Such reduction not to extend beyond two calendar years in duration. (L.
1963 p. 200 § 1-4, A.L. 1977 H.B. 130, A.L. 1982 S.B. 832, A.L. 1983 S.B.
39, A.L. 1984 H.B. 1456 & 1197, A.L. 1993 S.B. 380, A.L. 1994 S.B. 442)

(Source: RSMo 1959 § 163.020)

Effective 5-6-94

CROSS REFERENCE: Make-up days required due to cancellation for inclement
weather, RSMo 171.033

1. A system of free public schools is established throughout the
state for the gratuitous instruction of persons between the ages of five
and twenty-one years. Any child whose fifth birthday occurs before the
first day of August shall be deemed to have attained the age of five
years at the commencement of the school year beginning in that calendar
year or at the commencement of the summer school session immediately
prior to the school term beginning in the school year beginning in that
calendar year, whichever is earlier, for the purpose of apportioning
state school funds and for all other purposes.

2. Public schools may establish family literacy programs for children of
all ages and their families.

3. The department of elementary and secondary education shall not use
school for kindergarten pupils in the summer preceding such pupils'
regular fall starting date as an element of the standards of the Missouri
school improvement program. (L. 1963 p. 200 § 1-5, A.L. 1967 p. 236, A.L.
1984 H.B. 1456 & 1197, A.L. 1985 H.B. 463, A.L. 1988 S.B. 797, A.L. 1990
S.B. 740, A.L. 1996 S.B. 572, A.L. 1999 H.B. 889, A.L. 2002 H.B. 1711)

*Revisor's note:

Invalidity of section 82.293 shall not affect the validity of this
section, RSMo 82.293.

(1995) This section, with section 167.031, establishes a property
interest in certain education. State ex rel. Clint Yarber v. McHenry, 915
S.W.2d 325 (Mo.banc).

1. If a school district maintains a kindergarten program, a
child is eligible for admission to kindergarten and to the summer school
session immediately preceding kindergarten, if offered, if the child
reaches the age of five before the first day of August of the school year
beginning in that calendar year. A child is eligible for admission to
first grade if the child reaches the age of six before the first day of
August of the school year beginning in that calendar year.

2. Any kindergarten or grade one pupil beginning the school term and any
pupil beginning summer school prior to a kindergarten school term in a
metropolitan school district or an urban school district containing the
greater part of the population of a city which has more than three
hundred thousand inhabitants pursuant to section 160.054 or 160.055 and
subsequently transferring to another school district in this state in
which the child's birth date would preclude such child's eligibility for
entrance shall be deemed eligible for attendance and shall not be
required to meet the minimum age requirements. The receiving school
district shall receive state aid for the child, notwithstanding the
provisions of section 160.051.

3. Any child who completes the kindergarten year shall not be required to
meet the age requirements of a district for entrance into grade one.

4. The provisions of this section relating to kindergarten instruction
and state aid therefor, shall not apply during any particular school year
to those districts which do not provide kindergarten classes that year.
(L. 1985 H.B. 463 § 10, A.L. 1996 S.B. 572, A.L. 1999 H.B. 889)

1. Notwithstanding any provisions of sections 160.051 and
160.053, to the contrary, beginning with the 1997-98 school year, all
metropolitan school districts, except as provided in subsection 2 of this
section, may establish and enforce a regulation which requires that a
child shall have attained the age of five for purposes of kindergarten
and summer school prior to a kindergarten school term, and the age of six
for purposes of grade one, on or before any date between August first and
October first of that year. The school district shall receive state aid
for any child admitted to kindergarten, summer school prior to
kindergarten, or grade one pursuant to this section, notwithstanding the
provisions of section 160.051.

2. Any kindergarten or grade one pupil beginning the school term and any
pupil beginning summer school prior to a kindergarten school term in a
metropolitan school district and subsequently transferring to another
school district in this state in which the child's birth date would
preclude such child's eligibility for entrance shall be deemed eligible
for attendance and shall not be required to meet the minimum age
requirements. The receiving school district shall receive state aid for
the child, notwithstanding the provisions of section 160.051.

3. Any child who completes the kindergarten year in a metropolitan school
district shall not be required to meet the minimum age requirements of
another school district in this state for entrance into grade one.

4. The provisions of subsections 1 and 2 of this section, relating to
kindergarten instruction and state aid therefor, shall not apply during
any particular school year to those districts which do not provide
kindergarten classes that year. (L. 1996 S.B. 572 § 1, A.L. 1999 H.B. 889)

1. Notwithstanding any provisions of sections 160.051 and
160.053, to the contrary, beginning with the 1997-98 school year, all
urban school districts containing the greater part of the population of a
city which has more than three hundred thousand inhabitants, except as
provided in subsection 2 of this section, may establish and enforce a
regulation which requires that a child shall have attained the age of
five for purposes of kindergarten and summer school prior to a
kindergarten school term, and the age of six for purposes of grade one,
on or before any date between August first and October first of that
year. The school district shall receive state aid for any child admitted
to kindergarten, summer school prior to kindergarten, or grade one
pursuant to this section, notwithstanding the provisions of section
160.051.

2. Any kindergarten or grade one pupil beginning the school term and any
pupil beginning summer school prior to a kindergarten school term in an
urban school district in this state containing the greater part of the
population of a city which has more than three hundred thousand
inhabitants and subsequently transferring to another school district in
this state in which the child's birth date would preclude such child's
eligibility for entrance shall be deemed eligible for attendance and
shall not be required to meet the minimum age requirements. The receiving
school district shall receive state aid for the child, notwithstanding
the provisions of section 160.051.

3. Any child who completes the kindergarten year in an urban school
district containing the greater part of the population of a city which
has more than three hundred thousand inhabitants shall not be required to
meet the minimum age requirements of another school district in this
state for entrance into grade one.

4. The provisions of subsections 1 and 2 of this section, relating to
kindergarten instruction and state aid therefor, shall not apply during
any particular school year to those districts which do not provide
kindergarten classes that year. (L. 1996 S.B. 572 § 2, A.L. 1999 H.B. 889)

In all counties in this state the county clerk shall be
responsible for maintaining records of a historical, statutory or
informational nature that were formerly maintained by the county
superintendent of schools. (L. 1979 H.B. 772 § A)

Charter, private and parochial schools shall not be civilly
liable for providing to other schools any information required to be
provided pursuant to this chapter. (L. 2000 S.B. 944 § 2)

Every school district shall develop a policy by June 30, 2006,
detailing the consequences that will result for a student at school if
the student is found to be in possession or drinking alcohol either on
school property or while representing the school at extracurricular
activities. (L. 2005 S.B. 402)

1. Any public school or public institution of higher education
in this state may offer one or more courses in American Sign Language
(ASL). American Sign Language shall be treated as a foreign language for
academic credit granting and receiving purposes when ASL is offered by a
public school or public institution of higher education in Missouri.

2. Any student enrolled in a public school or public institution of
higher education in this state that offers an American Sign Language
course or courses as part of the school's or institution's regular
curriculum shall receive academic credit for such course or courses if
such school or institution provides academic credit for a course or
courses in any other foreign language. Nothing in this section shall
prohibit a school or institution from offering nonacademic credit ASL
classes as part of the school's or institution's educational program.

3. Any student enrolled in a public school or public institution of
higher education in this state that offers an American Sign Language
course or courses may earn academic credit for such course by completing
the course with a passing grade or by demonstrating a proficiency in ASL
at a level of competence equal to that taught in such course.

4. Academic credit received for taking an ASL course or demonstrating
proficiency in ASL shall be counted toward satisfaction of any foreign
language or language arts requirements of the public school or public
institution of higher education, including any foreign language or
language arts entrance requirements of any public institution of higher
education.

5. Nothing in subsection 4 of this section shall be construed as limiting
the ability of individual departments in public institutions of higher
education located in the state of Missouri from establishing specific
departmental language requirements for majors that cannot be met by
American Sign Language.

6. The Missouri commission for the deaf and hard of hearing and the
Missouri American Sign Language teachers association shall provide
assistance, advice, and guidance on the development, establishment, and
teaching of American Sign Language courses in Missouri public schools and
public institutions of higher education as needed and requested. (L. 2005
H.B. 530)

Whereas a general diffusion of knowledge and intelligence is
essential to the preservation of the rights and liberties of the people,
and whereas education directly affects the future of the citizens of our
state, and whereas at few times in the history of this state and country
has there been greater critical interest in the public schools than at
present, this act*, which may be referred to as the "Excellence in
Education Act of 1985", is enacted to encourage and promote quality in
our schools. (L. 1985 H.B. 463 § 2)

*"This act" (H.B. 463, 1985) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. There is hereby established a joint committee of the general
assembly, which shall be known as the "Joint Committee on Education",
which shall be composed of seven members of the senate and seven members
of the house of representatives. The senate members of the committee
shall be appointed by the president pro tem of the senate and the house
members by the speaker of the house.

2. The committee may meet and function in any year that the president pro
tem of the senate and the speaker of the house of representatives appoint
members to serve on the committee. In the event of three consecutive
absences on the part of any member, such member may be removed from the
committee.

3. The committee shall select either a chairman or cochairmen, one of
whom shall be a member of the senate and one a member of the house. A
majority of the members shall constitute a quorum. Meetings of the
committee may be called at such time and place as the chairman or
chairmen designate.

4. The committee shall:

(1) Review and monitor the progress of education in the state's public
schools;

(2) Receive reports from the commissioner of education concerning the
public schools;

(3) Conduct a study and analysis of the public school system;

(4) Make recommendations to the general assembly for legislative action;
and

(5) Conduct an in-depth study concerning all issues relating to the
equity and adequacy of the distribution of state school aid, teachers'
salaries, funding for school buildings, and overall funding levels for
schools and any other education funding-related issues the committee
deems relevant.

5. The committee may make reasonable requests for staff assistance from
the research and appropriations staffs of the house and senate and the
committee on legislative research, as well as the department of
elementary and secondary education, the department of higher education,
the coordinating board for higher education, the state tax commission,
all school districts and other political subdivisions of this state,
teachers and teacher groups, business and other commercial interests and
any other interested persons.

6. Members of the committee shall receive no compensation but may be
reimbursed for reasonable and necessary expenses associated with the
performance of their official duties. (L. 1985 H.B. 463 § 3, A.L. 2004
S.B. 968 and S.B. 969)

1. The commissioner of education shall direct the department of
elementary and secondary education to insure that all school districts
have a program of pupil testing which shall test competency in the
subject areas of English, reading, language arts, science, mathematics,
social studies and civics.

2. The department of elementary and secondary education shall identify
key skills within the subject areas contained in subsection 1 of this
section which shall provide the foundation for the local school
district's testing program. The department of elementary and secondary
education may not set maximal testing standards.

3. Each local school district shall have a testing program. District
testing programs may include minimal promotion standards and shall give
due consideration to the research on the influence of cultural diversity
on testing performance.

4. The testing program of each local school district shall include, but
shall not be limited to, criterion-referenced tests approved by the
department of elementary and secondary education. This testing program
shall test all students at periodic grade levels. The testing program may
test students annually. The tests shall monitor progress on key skills
and shall identify areas for instructional improvement. The department of
elementary and secondary education may develop criterion-referenced tests
and assist districts with their testing programs upon the district's
request.

5. The department of elementary and secondary education shall develop or
select tests which measure student performance on minimum key skills, and
shall annually administer such tests to a randomly selected, statewide
sample of public school students.

6. Each local school district shall provide testing information upon
request to the department of elementary and secondary education.

7. The department of elementary and secondary education shall annually
report to the general assembly composite pupil testing information. (L.
1985 H.B. 463 § 4)

1. The local board of education of each school district shall
clearly establish a written policy of discipline, including the
district's determination on the use of corporal punishment and the
procedures in which punishment will be applied. A written copy of the
district's discipline policy and corporal punishment procedures, if
applicable, shall be provided to the pupil and parent or legal guardian
of every pupil enrolled in the district at the beginning of each school
year and also made available in the office of the superintendent of such
district, during normal business hours, for public inspection. All
employees of the district shall annually receive instruction related to
the specific contents of the policy of discipline and any interpretations
necessary to implement the provisions of the policy in the course of
their duties, including but not limited to approved methods of dealing
with acts of school violence, disciplining students with disabilities and
instruction in the necessity and requirements for confidentiality.

2. The policy shall require school administrators to report acts of
school violence to teachers and other school district employees with a
need to know. For the purposes of this chapter or chapter 167, RSMo,
"need to know" is defined as school personnel who are directly
responsible for the student's education or who otherwise interact with
the student on a professional basis while acting within the scope of
their assigned duties. As used in this section, the phrase "act of school
violence" or "violent behavior" means the exertion of physical force by a
student with the intent to do serious physical injury as defined in
subdivision (6) of section 565.002, RSMo, to another person while on
school property, including a school bus in service on behalf of the
district, or while involved in school activities. The policy shall at a
minimum require school administrators to report, as soon as reasonably
practical, to the appropriate law enforcement agency any of the following
felonies, or any act which if committed by an adult would be one of the
following felonies:

(1) First degree murder under section 565.020, RSMo;

(2) Second degree murder under section 565.021, RSMo;

(3) Kidnapping under section 565.110, RSMo;

(4) First degree assault under section 565.050, RSMo;

(5) Forcible rape under section 566.030, RSMo;

(6) Forcible sodomy under section 566.060, RSMo;

(7) Burglary in the first degree under section 569.160, RSMo;

(8) Burglary in the second degree under section 569.170, RSMo;

(9) Robbery in the first degree under section 569.020, RSMo;

(10) Distribution of drugs under section 195.211, RSMo;

(11) Distribution of drugs to a minor under section 195.212, RSMo;

(12) Arson in the first degree under section 569.040, RSMo;

(13) Voluntary manslaughter under section 565.023, RSMo;

(14) Involuntary manslaughter under section 565.024, RSMo;

(15) Second degree assault under section 565.060, RSMo;

(16) Sexual assault under section 566.040, RSMo;

(17) Felonious restraint under section 565.120, RSMo;

(18) Property damage in the first degree under section 569.100, RSMo;

(19) The possession of a weapon under chapter 571, RSMo;

(20) Child molestation in the first degree pursuant to section 566.067,
RSMo;

(21) Deviate sexual assault pursuant to section 566.070, RSMo;

(22) Sexual misconduct involving a child pursuant to section 566.083,
RSMo; or

(23) Sexual abuse pursuant to section 566.100, RSMo;

committed on school property, including but not limited to actions on any
school bus in service on behalf of the district or while involved in
school activities. The policy shall require that any portion of a
student's individualized education program that is related to
demonstrated or potentially violent behavior shall be provided to any
teacher and other school district employees who are directly responsible
for the student's education or who otherwise interact with the student on
an educational basis while acting within the scope of their assigned
duties. The policy shall also contain the consequences of failure to obey
standards of conduct set by the local board of education, and the
importance of the standards to the maintenance of an atmosphere where
orderly learning is possible and encouraged.

3. The policy shall provide that any student who is on suspension for any
of the offenses listed in subsection 2 of this section or any act of
violence or drug-related activity defined by school district policy as a
serious violation of school discipline pursuant to subsection 9 of this
section shall have as a condition of his or her suspension the
requirement that such student is not allowed, while on such suspension,
to be within one thousand feet of any public school in the school
district where such student attended school unless:

(1) Such student is under the direct supervision of the student's parent,
legal guardian, or custodian;

(2) Such student is under the direct supervision of another adult
designated by the student's parent, legal guardian, or custodian, in
advance, in writing, to the principal of the school which suspended the
student;

(3) Such student is in an alternative school that is located within one
thousand feet of a public school in the school district where such
student attended school; or

(4) Such student resides within one thousand feet of any public school in
the school district where such student attended school in which case such
student may be on the property of his or her residence without direct
adult supervision.

4. Any student who violates the condition of suspension required pursuant
to subsection 3 of this section may be subject to expulsion or further
suspension pursuant to the provisions of sections 167.161, 167.164, and
167.171, RSMo. In making this determination consideration shall be given
to whether the student poses a threat to the safety of any child or
school employee and whether such student's unsupervised presence within
one thousand feet of the school is disruptive to the educational process
or undermines the effectiveness of the school's disciplinary policy.
Removal of any pupil who is a student with a disability is subject to
state and federal procedural rights.

5. The policy shall provide for a suspension for a period of not less
than one year, or expulsion, for a student who is determined to have
brought a weapon to school, including but not limited to the school
playground or the school parking lot, brought a weapon on a school bus or
brought a weapon to a school activity whether on or off of the school
property in violation of district policy, except that:

(1) The superintendent or, in a school district with no high school, the
principal of the school which such child attends may modify such
suspension on a case-by-case basis; and

(2) This section shall not prevent the school district from providing
educational services in an alternative setting to a student suspended
under the provisions of this section.

6. For the purpose of this section, the term "weapon" shall mean a
firearm as defined under 18 U.S.C. 921 and the following items, as
defined in section 571.010, RSMo: a blackjack, a concealable firearm, an
explosive weapon, a firearm, a firearm silencer, a gas gun, a knife,
knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a
spring gun or a switchblade knife; except that this section shall not be
construed to prohibit a school board from adopting a policy to allow a
Civil War reenactor to carry a Civil War era weapon on school property
for educational purposes so long as the firearm is unloaded. The local
board of education shall define weapon in the discipline policy. Such
definition shall include the weapons defined in this subsection but may
also include other weapons.

7. All school district personnel responsible for the care and supervision
of students are authorized to hold every pupil strictly accountable for
any disorderly conduct in school or on any property of the school, on any
school bus going to or returning from school, during school-sponsored
activities, or during intermission or recess periods.

8. Teachers and other authorized district personnel in public schools
responsible for the care, supervision, and discipline of schoolchildren,
including volunteers selected with reasonable care by the school
district, shall not be civilly liable when acting in conformity with the
established policy of discipline developed by each board under this
section, or when reporting to his or her supervisor or other person as
mandated by state law acts of school violence or threatened acts of
school violence, within the course and scope of the duties of the
teacher, authorized district personnel or volunteer, when such individual
is acting in conformity with the established policies developed by the
board. Nothing in this section shall be construed to create a new cause
of action against such school district, or to relieve the school district
from liability for the negligent acts of such persons.

9. Each school board shall define in its discipline policy acts of
violence and any other acts that constitute a serious violation of that
policy. Acts of violence as defined by school boards shall include but
not be limited to exertion of physical force by a student with the intent
to do serious bodily harm to another person while on school property,
including a school bus in service on behalf of the district, or while
involved in school activities. School districts shall for each student
enrolled in the school district compile and maintain records of any
serious violation of the district's discipline policy. Such records shall
be made available to teachers and other school district employees with a
need to know while acting within the scope of their assigned duties, and
shall be provided as required in section 167.020, RSMo, to any school
district in which the student subsequently attempts to enroll.

10. Spanking, when administered by certificated personnel of a school
district in a reasonable manner in accordance with the local board of
education's written policy of discipline, is not abuse within the meaning
of chapter 210, RSMo. The provisions of sections 210.110 to 210.165,
RSMo, notwithstanding, the division of family services shall not have
jurisdiction over or investigate any report of alleged child abuse
arising out of or related to any spanking administered in a reasonable
manner by any certificated school personnel pursuant to a written policy
of discipline established by the board of education of the school
district. Upon receipt of any reports of child abuse by the division of
family services pursuant to sections 210.110 to 210.165, RSMo, which
allegedly involves personnel of a school district, the division of family
services shall notify the superintendent of schools of the district or,
if the person named in the alleged incident is the superintendent of
schools, the president of the school board of the school district where
the alleged incident occurred. If, after an initial investigation, the
superintendent of schools or the president of the school board finds that
the report involves an alleged incident of child abuse other than the
administration of a spanking by certificated school personnel pursuant to
a written policy of discipline or a report made for the sole purpose of
harassing a public school employee, the superintendent of schools or the
president of the school board shall immediately refer the matter back to
the division of family services and take no further action. In all
matters referred back to the division of family services, the division of
family services shall treat the report in the same manner as other
reports of alleged child abuse received by the division. If the report
pertains to an alleged incident which arose out of or is related to a
spanking administered by certificated personnel of a school district
pursuant to a written policy of discipline or a report made for the sole
purpose of harassing a public school employee, a notification of the
reported child abuse shall be sent by the superintendent of schools or
the president of the school board to the juvenile officer of the county
in which the alleged incident occurred. The report shall be jointly
investigated by the juvenile officer or a law enforcement officer
designated by the juvenile officer and the superintendent of schools or,
if the subject of the report is the superintendent of schools, by the
juvenile officer or a law enforcement officer designated by the juvenile
officer and the president of the school board or such president's
designee. The investigation shall begin no later than forty-eight hours
after notification from the division of family services is received, and
shall consist of, but need not be limited to, interviewing and recording
statements of the child and the child's parents or guardian within two
working days after the start of the investigation, of the school district
personnel allegedly involved in the report, and of any witnesses to the
alleged incident. The juvenile officer or a law enforcement officer
designated by the juvenile officer and the investigating school district
personnel shall issue separate reports of their findings and
recommendations after the conclusion of the investigation to the school
board of the school district within seven days after receiving notice
from the division of family services. The reports shall contain a
statement of conclusion as to whether the report of alleged child abuse
is substantiated or is unsubstantiated. The school board shall consider
the separate reports and shall issue its findings and conclusions and the
action to be taken, if any, within seven days after receiving the last of
the two reports. The findings and conclusions shall be made in
substantially the following form:

(1) The report of the alleged child abuse is unsubstantiated. The
juvenile officer or a law enforcement officer designated by the juvenile
officer and the investigating school board personnel agree that the
evidence shows that no abuse occurred;

(2) The report of the alleged child abuse is substantiated. The juvenile
officer or a law enforcement officer designated by the juvenile officer
and the investigating school district personnel agree that the evidence
is sufficient to support a finding that the alleged incident of child
abuse did occur;

(3) The issue involved in the alleged incident of child abuse is
unresolved. The juvenile officer or a law enforcement officer designated
by the juvenile officer and the investigating school personnel are unable
to agree on their findings and conclusions on the alleged incident.

11. The findings and conclusions of the school board shall be sent to the
division of family services. If the findings and conclusions of the
school board are that the report of the alleged child abuse is
unsubstantiated, the investigation shall be terminated, the case closed,
and no record shall be entered in the division of family services'
central registry. If the findings and conclusions of the school board are
that the report of the alleged child abuse is substantiated, the division
of family services shall report the incident to the prosecuting attorney
of the appropriate county along with the findings and conclusions of the
school district and shall include the information in the division's
central registry. If the findings and conclusions of the school board are
that the issue involved in the alleged incident of child abuse is
unresolved, the division of family services shall report the incident to
the prosecuting attorney of the appropriate county along with the
findings and conclusions of the school board, however, the incident and
the names of the parties allegedly involved shall not be entered into the
central registry of the division of family services unless and until the
alleged child abuse is substantiated by a court of competent jurisdiction.

12. Any superintendent of schools, president of a school board or such
person's designee or juvenile officer who knowingly falsifies any report
of any matter pursuant to this section or who knowingly withholds any
information relative to any investigation or report pursuant to this
section is guilty of a class A misdemeanor.

13. In order to ensure the safety of all students, should a student be
expelled for bringing a weapon to school, violent behavior, or for an act
of school violence, that student shall not, for the purposes of the
accreditation process of the Missouri school improvement plan, be
considered a dropout or be included in the calculation of that district's
educational persistence ratio. (L. 1985 H.B. 463 § 5, A.L. 1987 H.B. 302,
A.L. 1995 H.B. 345, A.L. 1996 H.B. 1301 & 1298, A.L. 2000 S.B. 944, A.L.
2001 S.B. 89 & 37, A.L. 2004 S.B. 945 and S.B. 803 & 1257 merged with
S.B. 968 and S.B. 969)

1. The "Incentives for School Excellence Program" is hereby
established to promote and encourage all local school district
initiatives for excellence in education, and shall commence with the
1986-87 school year. The incentives for school excellence program is a
matching fund program of variable match rates.

2. The general assembly shall make an annual appropriation to the
excellence in education fund established under section 160.268 for the
purpose of providing the state's portion for the incentives for school
excellence program.

3. There is hereby established within the department of elementary and
secondary education, an advisory committee which shall be composed of
twenty-one members to be appointed by the state board of education on the
recommendation of the commissioner of education. This advisory committee
shall make recommendations to the department regarding the incentives for
school excellence program. The advisory committee shall also collect
information on local school initiatives that promote excellences and
shall disseminate information regarding such initiatives and the
incentives program to all school districts.

4. The state board of education, on the recommendation of the
commissioner of education, shall establish eligibility guidelines for
participation by a district, a school, a group of teachers, or an
individual teacher, in the incentive for school excellence program, and
such pro rata provisions as are necessary. Copies of the guidelines
established under this subsection shall be provided to all school
districts in this state.

5. Program topics suitable for obtaining matching funds under the
incentives for school excellence program, which matching funds may
include in-kind donations, may include, but shall not be limited to, the
following school improvement activities:

(1) Teacher aides to assist in classrooms in grades K-3;

(2) Business/education partnerships;

(3) Extended contracts for teachers and administrators;

(4) School improvement councils;

(5) Improved attendance plans;

(6) School volunteer projects;

(7) Parent participation programs;

(8) Instructional improvement projects;

(9) Writing programs;

(10) Higher technology projects;

(11) Advanced placement programs;

(12) Opportunity classes for children who are at risk in reading and math
in grades 1, 2, and 3. All districts are eligible to participate in the
incentives for the school excellence program.

6. The commissioner of education shall cause guidelines to be developed
by the department of elementary and secondary education which shall
include, but shall not be limited to, information concerning the
application procedures for school districts desiring to participate in
the incentives for school excellence program.

7. The state board of education, with recommendation from the advisory
committee, shall determine the district-revenue match needed to qualify
for a state-revenue match under the incentives for school excellence
program. The board shall recognize a school district's ability to raise
the necessary matching funds to participate in the program established
under this section.

8. Local school districts may use available revenues from any existing
fund or source, except the teachers' fund, including gifts, grants, and
bequests from federal, private, or other sources made available for the
purpose of the incentives for school excellence program. Other provisions
of this section notwithstanding, revenues in the teachers' fund may only
be used for programs which relate to teachers' salaries. In no case shall
a local school district use as its matching funds to participate in this
program any state aid provided pursuant to sections 163.031 and
163.172**, RSMo, or sections 168.500 to 168.520, RSMo.

9. The state board of education, at its discretion, may designate a
portion of the appropriation for the incentives for school excellence
program as a match-free incentive to be awarded to a school, a group of
teachers, or an individual teacher to implement exemplary and innovative
programs designed to improve instruction. Such match-free incentives
shall be awarded to school districts for the benefit of the school, a
group of teachers, or an individual teacher on a competitive grant basis
according to criteria established by the state board of education with
advice of the advisory committee.

10. Participation in the incentives for school excellence program
requires the school district, school, teachers or teacher receiving the
funds from the program to provide, upon request, such data as the
department of elementary and secondary education deems necessary. (L.
1985 H.B. 463 § 6)

*This section was repealed by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

**Section "163.171" appears in original rolls.

1. There is hereby created a revolving fund for the department
of elementary and secondary education which shall be known as the
"Excellence in Education Fund", and which shall be administered by the
commissioner of the department of elementary and secondary education. The
excellence in education fund shall consist of moneys appropriated
annually by the general assembly from general revenue to such fund, and
any moneys paid into the state treasury and required by law to be
credited to such fund. The annual increase of such appropriation to the
revolving fund shall not exceed thirty-three and one-third percent of the
increase in the appropriation for the foundation program under section
163.031, RSMo, for any fiscal year. The excellence in education fund
shall be kept separate and apart from all other moneys in the state
treasury and shall be paid out by the state treasurer pursuant to chapter
33, RSMo.

2. After appropriation pursuant to law, the moneys in the excellence in
education fund shall be available for the payment of the costs and
expenses for programs which shall include, but not be limited to:

(1) The incentives for school excellence program established in section
160.264;

(2) The professional teacher and administrator programs established in
sections 168.400 and 168.410, RSMo;

(3) The career development and teacher excellence plan established in
section 168.500, RSMo, for which funding shall be distributed pursuant to
section 163.031, RSMo.

3. All revenue collected through cost recovery activities authorized
pursuant to law shall be credited to the excellence in education fund.

4. Any unexpended balance in the excellence in education fund at the end
of each fiscal year shall be exempt from the provisions of section
33.080, RSMo, relating to the transfer of unexpended balances to the
general revenue fund.

5. Moneys in the excellence in education fund shall be invested by the
state treasurer in the same deposits and obligations in which state funds
are authorized by law to be invested; except that, the income accruing
from such investments shall be credited to the excellence in education
fund on an annual basis. (L. 1985 H.B. 463 § 7, A.L. 1993 S.B. 380)

No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1985 H.B. 463 §
8, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. Within the limits of amounts appropriated therefor, the
department of elementary and secondary education shall make one-year,
nonrenewable scholarships in an amount of one thousand dollars available
to high school graduates and junior and community college students who
are residents of Missouri, who enter and make a commitment to pursue a
teacher education program approved by the department of elementary and
secondary education and offered by a four-year college or university
located in Missouri, and who have:

(1) Achieved scores on an accepted standardized test of academic ability,
including, but not limited to, the SAT, ACT, SCAT, which place them at or
above the eighty-fifth percentile; or

(2) A high school rank at or above the eighty-fifth percentile.

2. Any college or university located in Missouri which offers a teacher
education program approved by the department of elementary and secondary
education, and wishes to have the scholarships provided pursuant to this
section made available to eligible applicants for admittance to such
college or university, must provide matching funds to match, dollar for
dollar, the funds made available by the state under this section for
students attending the college or university. Such matching funds shall
not be taken from money made available to the college or university from
state funds. The total scholarship available to any one student from
state and from college and university sources under such match program
shall be two thousand dollars. (L. 1985 H.B. 463 § 9 subsecs. 1, 2)

1. The department of elementary and secondary education shall
develop criteria, with input from teacher educators in this state, to
select which of the eligible applicants shall receive the scholarships
made available under sections 160.276, 160.278, 160.281 and 160.283.

2. Students making application for the scholarships provided under
sections 160.276, 160.278, 160.281 and 160.283 shall indicate their
first, second, and third preference as to which of the colleges and
universities which have provided the necessary matching funds to
participate in the scholarship program established under sections
160.276, 160.278, 160.281 and 160.283 they wish to attend. The department
of elementary and secondary education, in conjunction with those colleges
and universities which have provided the necessary matching funds, shall
develop procedures for matching students eligible for the scholarships
provided under sections 160.276, 160.278, 160.281 and 160.283 with such
colleges and universities. (L. 1985 H.B. 463 § 9 subsecs. 3, 4)

If a student ceases his study prior to receiving a degree, any
scholarship received under the provisions of sections 160.276, 160.278,
160.281 and 160.283 shall be treated as a loan to the student and
interest at the rate of nine and one-half percent per year shall be
charged upon the unpaid balance of the amount received from the date the
student ceases his study until the amount received is paid back to the
state. In order to provide for the servicing of such loans, the
department of elementary and secondary education may sell such loans to
the higher education loan authority of the state of Missouri created
under sections 173.350 to 173.450, RSMo. (L. 1985 H.B. 463 § 9 subsec. 5,
A.L. 1990 S.B. 740)

Every student receiving scholarships under the provisions of
sections 160.276, 160.278, 160.281 and 160.283 shall teach in an
elementary or secondary public school in this state for a period of five
years after receiving a degree or the scholarship shall be treated as a
loan to the student and interest at the rate of nine and one-half percent
per year shall be charged upon the unpaid balance of the amount received
from the date the student ceases to teach until the amount received is
paid back to the state. In order to provide for the servicing of such
loans, the department of elementary and secondary education may sell such
loans to the higher education loan authority of the state of Missouri
created under sections 173.350 to 173.450, RSMo. For each year that the
student teaches up to five years, one-fifth of the amount which was
received under sections 160.276, 160.278, 160.281 and 160.283 shall be
applied against the total amount received and shall not be subject to the
repayment requirement of this section. (L. 1985 H.B. 463 § 9 subsec. 6,
A.L. 1990 S.B. 740)

As used in sections 160.300 to 160.328, the following terms
shall mean:

(1) "Application cycle", the period of time each year, as determined by
the department, that the department shall accept and receive applications
from school districts seeking loans under the provisions of sections
160.300 to 160.328;

(2) "Authority", the environmental improvement and energy resources
authority;

(3) "Building", any district owned and operated structure that is
occupied and which includes a heating or cooling system, or both;

(4) "Department", the department of natural resources;

(5) "Energy conservation loan account", an account to be established on
the books of a school district for purposes of tracking information
related to the receipt or expenditure of loan funds, and to be used to
receive and remit energy cost savings for purposes of making semiannual
payments to retire the loan;

(6) "Energy conservation project" or "project", the design, acquisition
and installation of one or more energy conserving devices, measures or
modifications to a building or facility to reduce energy consumption or
to allow for the use of alternative energy resources;

(7) "Energy cost savings" or "savings", the value, in terms of dollars,
that has or shall accrue from energy savings due to implementation of an
energy conservation project;

(8) "Estimated simple payback", the estimated cost of a project divided
by the estimated energy cost savings;

(9) "Facility", any major energy using system owned and operated by a
district, whether or not housed in a building;

(10) "Fund", the energy set-aside program fund established in section
160.310;

(11) "Loan agreement", a document signed and agreed to by the school
board and the department that details all terms and requirements under
which the loan was issued, and describes the terms under which the loan
repayment shall be made;

(12) "Payback score", a numeric value derived from the review of an
application, calculated as prescribed by the department, which is used
solely for purposes of ranking applications for the selection of loan
recipients within the balance of loan funds available;

(13) "Project cost", all costs determined by the department to be
directly related to the implementation of an energy conservation project;

(14) "Repayment period", unless otherwise negotiated as required under
section 160.310, the period in years required to repay a loan as
determined by the projects' estimated simple payback and rounded to the
next year in cases where the estimated simple payback is in a fraction of
a year;

(15) "School board", the board of education having general control of the
property and affairs of any seven-director, urban or metropolitan school
district as defined in section 160.011;

(16) "School district" or "district", may include seven-director
districts, urban school districts, and metropolitan school districts as
defined in section 160.011;

(17) "Technical assistance report", a specialized engineering report that
identifies and specifies the quantity of energy savings and related
energy cost savings that are likely to result from the implementation of
one or more energy conservation measures;

(18) "Unobligated balance", that amount in the fund that has not been
dedicated to any district at the end of each state fiscal year. (L. 1986
H.B. 1335 § 1)

*Expiration date, see section 160.328

1. At the direction of the school board, school districts may
submit an application for loan funds to the department for the purpose of
financing all or a portion of the costs incurred in implementing an
energy conservation project in a district owned and operated building or
facility. The application shall be accompanied by a technical assistance
report. The application and the technical assistance report shall be in
such form and contain such information as prescribed by the department.

2. All applications shall be assigned a "payback score" derived from the
application review performed by the department. Applications shall be
selected for loans beginning with the lowest payback score and continuing
in ascending numeric order to the highest payback score until all
available loan funds have been obligated within any given application
cycle. In no case shall a loan be made to finance an energy project with
a payback score of less than six months or more than five years.
Applications may be approved for loans only in those instances where the
school district has furnished the department information satisfactory to
assure that the project cost will be recovered through energy cost
savings during the repayment period of the loan. In no case shall a loan
be made to a district unless two-thirds of the members of the school
board vote to approve the loan agreement.

3. The department of elementary and secondary education shall be provided
a summary of all proposed school district projects for review within
fifteen days from the application deadline. Once projects have been
reviewed and selected for loans by the department of natural resources,
the department of elementary and secondary education shall have thirty
days to certify that those projects selected for loans are consistent
with related state programs for educational facilities. No loan shall be
provided to a school district until and unless the department of
elementary and secondary education has issued such certification in
writing to the department of natural resources. (L. 1986 H.B. 1335 § 2)

*Expiration date, see section 160.328

Annually, at the conclusion of each state fiscal year, each
school district which has received a loan pursuant to the provisions of
sections 160.300 to 160.328 shall compute the actual energy cost savings
resulting from the implementation of the energy conservation project
financed by the loan. Energy cost savings shall be calculated in the
manner prescribed by the department. (L. 1986 H.B. 1335 § 3)

*Expiration date, see section 160.328

1. Each school district to which a loan has been made under
sections 160.300 to 160.328 shall repay such loan, with interest, in
semiannual payments. The rate of interest shall be the rate required by
the funding source. The number, amounts and timing of the semiannual
payments shall be as determined by the department.

2. Any school district which receives a loan through the provisions of
sections 160.300 to 160.328 shall annually budget an amount which is at
least sufficient to make the semiannual payments required under this
section.

3. The district shall not raise the funds needed to make the semiannual
loan payment by the levy of additional taxes and shall not provide for
such payment by a charge against any established district fund or
account. The semiannual loan payments shall be derived solely from energy
cost savings resulting from the implementation of the project. In the
event that energy cost savings resulting from the project fail to equal
or exceed the amount of the semiannual payment, the district and the
department shall renegotiate the repayment period in such a manner as to
assure that the semiannual payment amount does not exceed the actual
energy cost savings resulting from the project.

4. If a school district fails to remit a semiannual payment to the
department in accordance with subsection 5 of this section within sixty
days of the due date of such payment, the department of natural resources
shall notify the department of elementary and secondary education to
deduct such payment amount from the next regular apportionment of state
funds to that district. That amount shall then immediately be deposited
in the energy set-aside loan fund.

5. All districts having received loans pursuant to sections 160.300 to
160.328 shall remit the semiannual payments required by subsection 1 of
this section to the department. The department shall immediately deposit
such payments in the energy set-aside loan fund. (L. 1986 H.B. 1335 § 4)

*Expiration date, see section 160.328

1. A district receiving a loan under the provisions of sections
160.300 to 160.328 shall establish on its books an energy conservation
loan account which the district shall maintain until such time as the
loan obligation has been repaid. Information sufficient to indicate the
receipt and expenditure of all funds authorized and allowed under the
terms of the loan shall be entered in this account.

2. The district shall maintain all internal records directly related to
the loan and the project in such a way as to provide for proper auditing
of the project. (L. 1986 H.B. 1335 § 5)

*Expiration date, see section 160.328

1. The state treasurer shall establish, maintain, and administer
a special trust fund to be administered by the department and to be known
as the "Energy Set-aside Program Fund", from which public school
districts may seek and obtain loans for the purpose of implementing
energy conservation projects under the provisions of sections 160.300 to
160.328.

2. All moneys duly authorized and appropriated by the general assembly,
all moneys received from federal funds, gifts, bequests, donations or any
other moneys so designated, all moneys received pursuant to section
160.306, and all interest earned on and income generated from moneys in
the fund shall immediately be paid to and deposited in the energy
set-aside program fund.

3. All principal deposits, as authorized in subsection 1 of this section,
and all repayments of loans by school districts, as specified in
subsection 5 of section 160.306, to the energy set-aside program fund
shall be available to be issued and reissued for loans as authorized by
sections 160.300 to 160.328. After appropriation from the general
assembly, the department may expend interest earned on the energy
set-aside program fund for the administration of the school loan program
in sections 160.300 to 160.328.

4. The commissioner of administration shall disburse such moneys at such
times from the fund as are authorized by the department pursuant to
section 160.302.

5. Except as otherwise provided in sections 160.300 to 160.328, the
provisions of section 33.080, RSMo, requiring the transfer of unexpended
funds to the ordinary revenue funds of the state shall not apply to funds
in the energy set-aside program fund. (L. 1986 H.B. 1335 § 6, A.L. 1991
H.B. 65 & H.B. 665)

*Expiration date, see section 160.328

1. A loan made pursuant to sections 160.300 to 160.328 shall be
used only for the purposes specified in an approved application. In the
event the department determines that a loan has been expended for
purposes other than those specified in an approved application, it shall
immediately request the return of the full amount of the loan. If a
school district fails to remit repayment to the department within sixty
days of notification, collection shall be made through the provisions
outlined in subsection 4 of section 160.306.

2. The department may, at its discretion, audit the expenditure of any
loan made pursuant to sections 160.300 to 160.328 or the computation of
any payment made pursuant to section 160.306. (L. 1986 H.B. 1335 § 7)

*Expiration date, see section 160.328

Under the provisions of sections 160.300 to 160.328, the
department shall establish such procedures, policies and qualifications
as may be necessary for the administration of sections 160.300 to
160.328. (L. 1986 H.B. 1335 § 8)

*Expiration date, see section 160.328

After three years from August 13, 1986, and every year
thereafter, the department shall calculate the average unobligated
balance of general revenue moneys in the fund. The department shall
annually notify the state treasurer as to the amount of the average
unobligated balance of general revenue moneys. The state treasurer shall
transfer from the fund to the general revenue fund of the state an amount
equal to the average unobligated balance of general revenue moneys less
ten thousand dollars. (L. 1986 H.B. 1335 § 9)

*Expiration date, see section 160.328

All moneys from sources other than state appropriations which
are specified to be used for purposes identified under the provisions of
sections 160.300 to 160.328 shall be handled in the same manner as moneys
received through state appropriations unless otherwise required in
agreements or regulations with the sources from which such moneys are
obtained. The department director shall certify that the use of all such
moneys and any required agreements or regulations are consistent with the
intent of sections 160.300 to 160.328, and all other state and federal
laws governing such moneys, agreements and regulations. (L. 1986 H.B.
1335 § 10)

*Expiration date, see section 160.328

1. In the event general revenue appropriations are not available
to fund sections 160.300 to 160.328, the department and the authority
shall have the power to issue and sell revenue bonds in an amount not to
exceed the estimated cost of the projects including costs necessarily
incidental thereto.

2. No revenue bonds shall be issued and sold unless, at the time of
issuance, the department and the authority shall first obtain the
approval of the governor and general assembly and:

(1) Pledge the semiannual payments received under the provisions of
section 160.306 to the payment of the bonds, both principal and interest;

(2) Provide and maintain an interest and sinking fund in an amount
adequate to promptly pay the principal of an interest on the bonds;

(3) Provide a reasonable reserve fund;

(4) Provide a reasonable fund for depreciation.

3. The proceeds of the sale of any bonds issued under sections 160.300 to
160.328 shall be paid into the state treasury to the credit of the energy
set-aside program fund established in section 160.310.

4. The revenue bonds may be issued pursuant to a resolution issued by the
department and the authority after proper authorization through an
appropriation authorizing expenditures out of the proceeds of the sale of
the bonds which appropriation shall be chargeable to the energy set-aside
program fund.

5. Bonds issued pursuant to sections 160.300 to 160.328 are not an
indebtedness of the state of Missouri, or the department and the
authority or its employees and are not an indebtedness within the meaning
of any constitutional or statutory limitation on the incurring of
indebtedness. Such bonds shall bear on the face thereof the following:
"This is a revenue bond and not a general obligation bond". (L. 1986 H.B.
1335 § 11)

*Expiration date, see section 160.328

1. Bonds issued pursuant to sections 160.300 to 160.328 shall be
of such denomination and shall bear such rate of interest, not to exceed
fourteen percent per annum, from the date of issuance, as the department
and the authority may determine. The bonds may be either serial or term
bonds.

2. Serial bonds may be issued with or without the reservation of the
right to call them for payment and redemption in advance of their
maturity, upon giving such notice, and with or without a covenant
requiring the payment of a premium in the event of payment and redemption
prior to maturity as the department and the authority may determine.

3. Term bonds shall contain a reservation of the right to call them for
payment and redemption prior to maturity at such time and upon the giving
of such notice and upon the payment of such premium, if any, as the
department and the authority may determine.

4. The bonds, when issued, shall be sold at public sale for the best
price obtainable after giving such reasonable notice of the sale as the
department and the authority may determine; except that, no bonds shall
be sold for less than ninety-five percent of their par value, and accrued
interest.

5. The bonds may be sold to the United States of America or to any of its
agencies or instrumentalities, at a price not less than par and accrued
interest, without public sale and without the giving of the notice
prescribed in this section.

6. The bonds, when issued and sold, shall be negotiable instruments
within the meaning of the law merchant and the negotiable instruments
law, and the interest thereon shall be exempt from income taxes under the
laws of this state. (L. 1986 H.B. 1335 § 12)

*Expiration date, see section 160.328

1. When not inconsistent with the provisions of sections 160.300
to 160.328, the department and the authority are authorized to prescribe
the form, details and incidents of the bonds and to make such covenants
as in their judgment may be advisable or necessary properly to secure the
payment of the bonds.

2. The holder of any bond issued under sections 160.300 to 160.328 or of
any coupons representing interest accrued may, by proper civil action
either at law or in equity, compel the department and the authority to
perform all duties imposed upon them by sections 160.300 to 160.328,
including the making and collecting of sufficient rates and charges for
the use of the project for which the bonds were issued, and may enforce
the performance of any covenant made by the department and the authority
in the issuance of the bonds. (L. 1986 H.B. 1335 § 13)

*Expiration date, see section 160.328

1. The revenue bonds issued pursuant to sections 160.300 to
160.328 may be refunded, in whole or in part, under any of the following
circumstances:

(1) When any of the bonds have by their terms become due and payable and
there are not sufficient funds in the interest and debt service fund to
pay the bonds and the interest thereon;

(2) When any of the bonds are by their terms callable for payment and
redemption in advance of the date of their maturity and shall have been
duly called for payment and redemption;

(3) When any of the bonds are by their terms callable for payment and
redemption in advance of the date of maturity and the refunding bonds are
sold more than one year prior to the maturity or redemption date of the
bonds being refunded. The proceeds derived from the sale of the refunding
bonds shall be deposited in escrow with the state treasurer or a bond or
trust company located in the state of Missouri which has full trust
powers, and such proceeds shall be invested promptly in direct
obligations of the United States of America or of its agencies or
instrumentalities, or in obligations, the principal of and interest on
which are guaranteed by the United States of America, which, together
with the interest to be earned on such obligations, will be sufficient
for the payment of the principal of such bonds, the redemption premium
thereon, if any, and interest accrued to the date of maturity or
redemption. Any moneys or obligations which at any time shall be
deposited with the state treasurer or with such bank or trust company for
the purpose of paying and discharging any of the bonds shall be assigned
for the respective holders of the bonds, and such moneys shall be
irrevocably appropriated to the payment and discharge thereof;

(4) When any of the bonds are voluntarily surrendered by the holders for
exchange for refunding bonds.

2. For the purpose of refunding any bonds issued, including refunding
bonds, the department and the authority may make and issue refunding
bonds in such amount as may be necessary to pay off and redeem the bonds
to be refunded together with unpaid and past due interest thereon and any
premium which may be due under the terms of the bonds, along with the
cost of issuing the refunding bonds.

3. The refunding bonds shall be sold in the same manner as provided in
sections 160.300 to 160.328 for the sale of revenue bonds.

4. The proceeds of the refunding bonds shall be used to pay off, redeem
and cancel such old bonds and interest and the premium, if any due
thereon, or the refunding bonds may be issued and delivered in exchange
for a like par value amount of the bonds for which the refunding bonds
were issued, except that no refunding bonds issued pursuant to sections
160.300 to 160.328 shall be payable in more than twenty years from the
date of issue or shall bear interest at a rate in excess of fourteen
percent per annum.

5. The refunding bonds may be payable from the same sources as were
pledged to the payment of the bonds refunded and, in the discretion of
the department and the authority, may be payable from any other source
which under sections 160.300 to 160.328 may be pledged to the payment of
revenue bonds. (L. 1986 H.B. 1335 § 14)

*Expiration date, see section 160.328

The authorization to issue bonds under sections 160.300 to
160.328 shall terminate on January 1, 1996. All other authorization under
sections 160.300 to 160.328 shall expire on January 1, 2001. (L. 1986
H.B. 1335 § 15)

There is hereby established a "Missouri Award of Recognition"
which may be presented to any student athlete who is attending any
elementary school, high school, university or college located in
Missouri, or to any team of athletes as a whole whose members meet the
requirements of this section. Such award may be presented to the eligible
student athlete or athletes by the governor, any member of the general
assembly, or the general assembly, the house of representatives or the
senate, as a whole. In order to be eligible for the award, the student
athlete or athletes shall be sponsored by the governor, or by one or more
members of the general assembly, who shall state that such student
athlete or athletes have accomplished an outstanding achievement in their
athletic field. A resolution or recognition ceremony relating to such
athletic achievement shall be deemed the equivalent of this award. (L.
1987 S.B. 422 § 1)

Effective 5-14-87

1. The department of elementary and secondary education, with
the cooperation of the Missouri veterans' commission, shall develop and
administer a program to be known as "Operation Recognition". The purpose
of the program is to award honorary high school diplomas to civilian
prisoners of war (POWs) and to any veteran who left high school prior to
graduation to enter United States military service. The department and
commission shall jointly develop an application procedure, distribute
applications and publicize the program to school districts, accredited
nonpublic schools, veterans' organizations, and state, regional and local
media.

2. All civilian POWs who are residents or former residents of the state
of Missouri and all honorably discharged veterans who are residents or
former residents of the state of Missouri, who served in the United
States military and who did not return to school and complete their
education after their term of service shall be eligible to receive an
honorary diploma. Diplomas may be issued posthumously.

3. Upon approval of an application, the department shall issue an
honorary high school diploma for an eligible civilian POW or an eligible
veteran. The diploma shall also include a statement specifying that the
diploma is awarded in recognition of military service experiences and
civic duty responsibilities. The diploma shall indicate the civilian
POW's or veteran's school of attendance. The department and commission
shall work together to provide school districts, schools, communities and
veterans' organizations with information about hosting a diploma ceremony
on or around Veterans Day. The diploma shall be mailed to the civilian
POW or veteran or, if the civilian POW or veteran is deceased, to the
civilian POW's or veteran's family. (L. 2001 H.B. 441, et al. § 160.341,
A.L. 2002 H.B. 1515, A.L. 2003 S.B. 325)

1. A charter school is an independent public school.

2. Charter schools may be operated only in a metropolitan school district
or in an urban school district containing most or all of a city with a
population greater than three hundred fifty thousand inhabitants and may
be sponsored by any of the following:

(1) The school board of the district;

(2) A public four-year college or university with its primary campus in
the school district or in a county adjacent to the county in which the
district is located, with an approved teacher education program that
meets regional or national standards of accreditation;

(3) A community college located in the district; or

(4) Any private four-year college or university located in a city not
within a county with an enrollment of at least one thousand students, and
with an approved teacher preparation program.

3. The mayor of a city not within a county may request a sponsor under
subdivision (2), (3), or (4) of subsection 2 of this section to consider
sponsoring a workplace charter school, which is defined for purposes of
sections 160.400 to 160.420 as a charter school with the ability to
target prospective students whose parent or parents are employed in a
business district, as defined in the charter, which is located in the
city.

4. No sponsor shall receive from an applicant for a charter school any
fee of any type for the consideration of a charter, nor may a sponsor
condition its consideration of a charter on the promise of future payment
of any kind.

5. The charter school shall be a Missouri nonprofit corporation
incorporated pursuant to chapter 355, RSMo. The charter provided for
herein shall constitute a contract between the sponsor and the charter
school.

6. As a nonprofit corporation incorporated pursuant to chapter 355, RSMo,
the charter school shall select the method for election of officers
pursuant to section 355.326, RSMo, based on the class of corporation
selected. Meetings of the governing board of the charter school shall be
subject to the provisions of sections 610.010 to 610.030, RSMo, the open
meetings law.

7. A sponsor of a charter school, its agents and employees are not liable
for any acts or omissions of a charter school that it sponsors, including
acts or omissions relating to the charter submitted by the charter
school, the operation of the charter school and the performance of the
charter school.

8. A charter school may affiliate with a four-year college or university,
including a private college or university, or a community college as
otherwise specified in subsection 2 of this section when its charter is
granted by a sponsor other than such college, university or community
college. Affiliation status recognizes a relationship between the charter
school and the college or university for purposes of teacher training and
staff development, curriculum and assessment development, use of physical
facilities owned by or rented on behalf of the college or university, and
other similar purposes. The primary campus of the college or university
must be located within the county in which the school district lies
wherein the charter school is located or in a county adjacent to the
county in which the district is located. A university, college or
community college may not charge or accept a fee for affiliation status.

9. The expenses associated with sponsorship of charter schools shall be
defrayed by the department of elementary and secondary education
retaining one and five-tenths percent of the amount of state and local
funding allocated to the charter school under section 160.415, not to
exceed one hundred twenty-five thousand dollars, adjusted for inflation.
Such amount shall not be withheld when the sponsor is a school district
or the state board of education. The department of elementary and
secondary education shall remit the retained funds for each charter
school to the school's sponsor, provided the sponsor remains in good
standing by fulfilling its sponsorship obligations under sections 160.400
to 160.420 and 167.349, RSMo, with regard to each charter school it
sponsors.

10. No university, college or community college shall grant a charter to
a nonprofit corporation if an employee of the university, college or
community college is a member of the corporation's board of directors.

11. No sponsor shall grant a charter under sections 160.400 to 160.420
and 167.349, RSMo, without ensuring that a criminal background check and
child abuse registry check are conducted for all members of the governing
board of the charter schools or the incorporators of the charter school
if initial directors are not named in the articles of incorporation, nor
shall a sponsor renew a charter without ensuring a criminal background
check and child abuse registry check are conducted for each member of the
governing board of the charter school.

12. No member of the governing board of a charter school shall hold any
office or employment from the board or the charter school while serving
as a member, nor shall the member have any substantial interest, as
defined in section 105.450, RSMo, in any entity employed by or
contracting with the board. No board member shall be an employee of a
company that provides substantial services to the charter school. All
members of the governing board of the charter school shall be considered
decision-making public servants as defined in section 105.450, RSMo, for
the purposes of the financial disclosure requirements contained in
sections 105.483, 105.485, 105.487, and 105.489, RSMo.

13. A sponsor shall provide timely submission to the state board of
education of all data necessary to demonstrate that the sponsor is in
material compliance with all requirements of sections 160.400 to 160.420
and 167.349, RSMo.

14. The state board of education shall ensure each sponsor is in
compliance with all requirements under sections 160.400 to 160.420 and
167.349, RSMo, for each charter school sponsored by any sponsor. The
state board shall notify each sponsor of the standards for sponsorship of
charter schools, delineating both what is mandated by statute and what
best practices dictate. The state board, after a public hearing, may
require remedial action for a sponsor that it finds has not fulfilled its
obligations of sponsorship, such remedial actions including withholding
the sponsor's funding and suspending for a period of up to one year the
sponsor's authority to sponsor a school that it currently sponsors or to
sponsor any additional school. If the state board removes the authority
to sponsor a currently operating charter school, the state board shall
become the interim sponsor of the school for a period of up to three
years until the school finds a new sponsor or until the charter contract
period lapses. (L. 1998 S.B. 781 § 4, A.L. 2005 S.B. 287)

*Effective 7-1-06

1. A person, group or organization seeking to establish a
charter school shall submit the proposed charter, as provided in this
section, to a sponsor. If the sponsor is not a school board, the
applicant shall give a copy of its application to the school board of the
district in which the charter school is to be located and to the state
board of education, within five business days of the date the application
is filed with the proposed sponsor. The school board may file objections
with the proposed sponsor, and, if a charter is granted, the school board
may file objections with the state board of education. The charter shall
include a mission statement for the charter school, a description of the
charter school's organizational structure and bylaws of the governing
body, which will be responsible for the policy and operational decisions
of the charter school, a financial plan for the first three years of
operation of the charter school including provisions for annual audits, a
description of the charter school's policy for securing personnel
services, its personnel policies, personnel qualifications, and
professional development plan, a description of the grades or ages of
students being served, the school's calendar of operation, which shall
include at least the equivalent of a full school term as defined in
section 160.011, and an outline of criteria specified in this section
designed to measure the effectiveness of the school. The charter shall
also state:

(1) The educational goals and objectives to be achieved by the charter
school;

(2) A description of the charter school's educational program and
curriculum;

(3) The term of the charter, which shall be not less than five years, nor
greater than ten years and shall be renewable;

(4) A description of the charter school's pupil performance standards,
which must meet the requirements of subdivision (6) of subsection 5 of
this section. The charter school program must be designed to enable each
pupil to achieve such standards;

(5) A description of the governance and operation of the charter school,
including the nature and extent of parental, professional educator, and
community involvement in the governance and operation of the charter
school; and

(6) A description of the charter school's policies on student discipline
and student admission, which shall include a statement, where applicable,
of the validity of attendance of students who do not reside in the
district but who may be eligible to attend under the terms of judicial
settlements.

2. Proposed charters shall be subject to the following requirements:

(1) A charter may be approved when the sponsor determines that the
requirements of this section are met and determines that the applicant is
sufficiently qualified to operate a charter school. The sponsor's
decision of approval or denial shall be made within ninety days of the
filing of the proposed charter;

(2) If the charter is denied, the proposed sponsor shall notify the
applicant in writing as to the reasons for its denial and forward a copy
to the state board of education within five business days following the
denial;

(3) If a proposed charter is denied by a sponsor, the proposed charter
may be submitted to the state board of education, along with the
sponsor's written reasons for its denial. If the state board determines
that the applicant meets the requirements of this section, that the
applicant is sufficiently qualified to operate the charter school, and
that granting a charter to the applicant would be likely to provide
educational benefit to the children of the district, the state board may
grant a charter and act as sponsor of the charter school. The state board
shall review the proposed charter and make a determination of whether to
deny or grant the proposed charter within sixty days of receipt of the
proposed charter, provided that any charter to be considered by the state
board of education under this subdivision shall be submitted no later
than March first prior to the school year in which the charter school
intends to begin operations. The state board of education shall notify
the applicant in writing as the reasons for its denial, if applicable; and

(4) The sponsor of a charter school shall give priority to charter school
applicants that propose a school oriented to high-risk students and to
the reentry of dropouts into the school system. If a sponsor grants three
or more charters, at least one-third of the charters granted by the
sponsor shall be to schools that actively recruit dropouts or high-risk
students as their student body and address the needs of dropouts or
high-risk students through their proposed mission, curriculum, teaching
methods, and services. For purposes of this subsection, a "high-risk"
student is one who is at least one year behind in satisfactory completion
of course work or obtaining credits for graduation, pregnant or a parent,
homeless or has been homeless sometime within the preceding six months,
has limited English proficiency, has been suspended from school three or
more times, is eligible for free or reduced-price school lunch, or has
been referred by the school district for enrollment in an alternative
program. "Dropout" shall be defined through the guidelines of the school
core data report. The provisions of this subsection do not apply to
charters sponsored by the state board of education.

3. If a charter is approved by a sponsor, the charter application shall
be submitted to the state board of education, along with a statement of
finding that the application meets the requirements of sections 160.400
to 160.420 and section 167.439, RSMo, and a monitoring plan under which
the charter sponsor will evaluate the academic performance of students
enrolled in the charter school. The state board of education may, within
sixty days, disapprove the granting of the charter. The state board of
education may disapprove a charter on grounds that the application fails
to meet the requirements of sections 160.400 to 160.420 and section
167.349, RSMo, or that a charter sponsor previously failed to meet the
statutory responsibilities of a charter sponsor.

4. Any disapproval of a charter pursuant to subsection 3 of this section
shall be subject to judicial review pursuant to chapter 536, RSMo.

5. A charter school shall, as provided in its charter:

(1) Be nonsectarian in its programs, admission policies, employment
practices, and all other operations;

(2) Comply with laws and regulations of the state, county, or city
relating to health, safety, and state minimum educational standards, as
specified by the state board of education, including the requirements
relating to student discipline under sections 160.261, 167.161, 167.164,
and 167.171, RSMo, notification of criminal conduct to law enforcement
authorities under sections 167.115 to 167.117, RSMo, academic assessment
under section 160.518, transmittal of school records under section
167.020, RSMo, and the minimum number of school days and hours required
under section 160.041;

(3) Except as provided in sections 160.400 to 160.420, be exempt from all
laws and rules relating to schools, governing boards and school districts;

(4) Be financially accountable, use practices consistent with the
Missouri financial accounting manual, provide for an annual audit by a
certified public accountant, publish audit reports and annual financial
reports as provided in chapter 165, RSMo, provided that the annual
financial report may be published on the department of elementary and
secondary education's Internet web site in addition to other publishing
requirements, and provide liability insurance to indemnify the school,
its board, staff and teachers against tort claims. A charter school that
receives local educational agency status under subsection 6 of this
section shall meet the requirements imposed by the Elementary and
Secondary Education Act for audits of such agencies. For purposes of an
audit by petition under section 29.230, RSMo, a charter school shall be
treated as a political subdivision on the same terms and conditions as
the school district in which it is located. For the purposes of securing
such insurance, a charter school shall be eligible for the Missouri
public entity risk management fund pursuant to section 537.700, RSMo. A
charter school that incurs debt must include a repayment plan in its
financial plan;

(5) Provide a comprehensive program of instruction for at least one grade
or age group from kindergarten through grade twelve, which may include
early childhood education if funding for such programs is established by
statute, as specified in its charter;

(6) (a) Design a method to measure pupil progress toward the pupil
academic standards adopted by the state board of education pursuant to
section 160.514, collect baseline data during at least the first three
years for determining how the charter school is performing and to the
extent applicable, participate in the statewide system of assessments,
comprised of the essential skills tests and the nationally standardized
norm-referenced achievement tests, as designated by the state board
pursuant to section 160.518, complete and distribute an annual report
card as prescribed in section 160.522, which shall also include a
statement that background checks have been completed on the charter
school's board members, report to its sponsor, the local school district,
and the state board of education as to its teaching methods and any
educational innovations and the results thereof, and provide data
required for the study of charter schools pursuant to subsection 4 of
section 160.410. No charter school will be considered in the Missouri
school improvement program review of the district in which it is located
for the resource or process standards of the program.

(b) For proposed high risk or alternative charter schools, sponsors shall
approve performance measures based on mission, curriculum, teaching
methods, and services. Sponsors shall also approve comprehensive academic
and behavioral measures to determine whether students are meeting
performance standards on a different time frame as specified in that
school's charter. Student performance shall be assessed comprehensively
to determine whether a high risk or alternative charter school has
documented adequate student progress. Student performance shall be based
on sponsor- approved comprehensive measures as well as standardized
public school measures. Annual presentation of charter school report card
data to the department of elementary and secondary education, the state
board, and the public shall include comprehensive measures of student
progress.

(c) Nothing in this paragraph shall be construed as permitting a charter
school to be held to lower performance standards than other public
schools within a district; however, the charter of a charter school may
permit students to meet performance standards on a different time frame
as specified in its charter;

(7) Assure that the needs of special education children are met in
compliance with all applicable federal and state laws and regulations;

(8) Provide along with any request for review by the state board of
education the following:

(a) Documentation that the applicant has provided a copy of the
application to the school board of the district in which the charter
school is to be located, except in those circumstances where the school
district is the sponsor of the charter school; and

(b) A statement outlining the reasons for approval or disapproval by the
sponsor, specifically addressing the requirements of sections 160.400 to
160.420 and 167.349, RSMo.

6. The charter of a charter school may be amended at the request of the
governing body of the charter school and on the approval of the sponsor.
The sponsor and the governing board and staff of the charter school shall
jointly review the school's performance, management and operations at
least once every two years or at any point where the operation or
management of the charter school is changed or transferred to another
entity, either public or private. The governing board of a charter school
may amend the charter, if the sponsor approves such amendment, or the
sponsor and the governing board may reach an agreement in writing to
reflect the charter school's decision to become a local educational
agency for the sole purpose of seeking direct access to federal grants.
In such case the sponsor shall give the department of elementary and
secondary education written notice no later than March first of any year,
with the agreement to become effective July first. The department may
waive the March first notice date in its discretion. The department shall
identify and furnish a list of its regulations that pertain to local
educational agencies to such schools within thirty days of receiving such
notice.

7. (1) A sponsor may revoke a charter at any time if the charter school
commits a serious breach of one or more provisions of its charter or on
any of the following grounds: failure to meet academic performance
standards as set forth in its charter, failure to meet generally accepted
standards of fiscal management, failure to provide information necessary
to confirm compliance with all provisions of the charter and sections
160.400 to 160.420 and 167.349, RSMo, within forty-five days following
receipt of written notice requesting such information, or violation of
law.

(2) The sponsor may place the charter school on probationary status to
allow the implementation of a remedial plan, which may require a change
of methodology, a change in leadership, or both, after which, if such
plan is unsuccessful, the charter may be revoked.

(3) At least sixty days before acting to revoke a charter, the sponsor
shall notify the governing board of the charter school of the proposed
action in writing. The notice shall state the grounds for the proposed
action. The school's governing board may request in writing a hearing
before the sponsor within two weeks of receiving the notice.

(4) The sponsor of a charter school shall establish procedures to conduct
administrative hearings upon determination by the sponsor that grounds
exist to revoke a charter. Final decisions of a sponsor from hearings
conducted pursuant to this subsection are subject to judicial review
pursuant to chapter 536, RSMo.

(5) A termination shall be effective only at the conclusion of the school
year, unless the sponsor determines that continued operation of the
school presents a clear and immediate threat to the health and safety of
the children.

(6) A charter sponsor shall make available the school accountability
report card information as provided under section 160.522 and the results
of the academic monitoring required under subsection 3 of this section.

8. A sponsor shall take all reasonable steps necessary to confirm that
each charter school sponsored by such sponsor is in material compliance
and remains in material compliance with all material provisions of the
charter and sections 160.400 to 160.420 and 167.349, RSMo. Every charter
school shall provide all information necessary to confirm ongoing
compliance with all provisions of its charter and sections 160.400 to
160.420 and 167.349, RSMo, in a timely manner to its sponsor.

9. A school district may enter into a lease with a charter school for
physical facilities.

10. A governing board or a school district employee who has control over
personnel actions shall not take unlawful reprisal against another
employee at the school district because the employee is directly or
indirectly involved in an application to establish a charter school. A
governing board or a school district employee shall not take unlawful
reprisal against an educational program of the school or the school
district because an application to establish a charter school proposes
the conversion of all or a portion of the educational program to a
charter school. As used in this subsection, "unlawful reprisal" means an
action that is taken by a governing board or a school district employee
as a direct result of a lawful application to establish a charter school
and that is adverse to another employee or an educational program.

11. Charter school board members shall be subject to the same liability
for acts while in office as if they were regularly and duly elected
members of school boards in any other public school district in this
state. The governing board of a charter school may participate, to the
same extent as a school board, in the Missouri public entity risk
management fund in the manner provided under sections 537.700 to 537.756,
RSMo.

12. Any entity, either public or private, operating, administering, or
otherwise managing a charter school shall be considered a quasi-public
governmental body and subject to the provisions of sections 610.010 to
610.035, RSMo.

13. The chief financial officer of a charter school shall maintain a
surety bond in an amount determined by the sponsor to be adequate based
on the cash flow of the school. (L. 1998 S.B. 781 § 5, A.L. 2005 S.B. 287)

*Effective 7-1-06

1. A charter school shall enroll:

(1) All pupils resident in the district in which it operates;

(2) Nonresident pupils eligible to attend a district's school under an
urban voluntary transfer program; and

(3) In the case of a workplace charter school, any student eligible to
attend under subdivision (1) or (2) of this subsection whose parent is
employed in the business district, who submits a timely application,
unless the number of applications exceeds the capacity of a program,
class, grade level or building. The configuration of a business district
shall be set forth in the charter and shall not be construed to create an
undue advantage for a single employer or small number of employers.

2. If capacity is insufficient to enroll all pupils who submit a timely
application, the charter school shall have an admissions process that
assures all applicants of an equal chance of gaining admission except
that:

(1) A charter school may establish a geographical area around the school
whose residents will receive a preference for enrolling in the school,
provided that such preferences do not result in the establishment of
racially or socioeconomically isolated schools and provided such
preferences conform to policies and guidelines established by the state
board of education; and

(2) A charter school may also give a preference for admission of children
whose siblings attend the school or whose parents are employed at the
school or in the case of a workplace charter school, a child whose parent
is employed in the business district or at the business site of such
school.

3. A charter school shall not limit admission based on race, ethnicity,
national origin, disability, gender, income level, proficiency in the
English language or athletic ability, but may limit admission to pupils
within a given age group or grade level.

4. The department of elementary and secondary education shall commission
a study of the performance of students at each charter school in
comparison with a comparable group and a study of the impact of charter
schools upon the districts in which they are located, to be conducted by
a contractor selected through a request for proposal. The department of
elementary and secondary education shall reimburse the contractor from
funds appropriated by the general assembly for the purpose. The study of
a charter school's student performance in relation to a comparable group
shall be designed to provide information that would allow parents and
educators to make valid comparisons of academic performance between the
charter school's students and a group of students comparable to the
students enrolled in the charter school. The impact study shall be
undertaken every two years to determine the effect of charter schools on
education stakeholders in the districts where charter schools are
operated. The impact study may include, but is not limited to,
determining if changes have been made in district policy or procedures
attributable to the charter school and to perceived changes in attitudes
and expectations on the part of district personnel, school board members,
parents, students, the business community and other education
stakeholders. The department of elementary and secondary education shall
make the results of the studies public and shall deliver copies to the
governing boards of the charter schools, the sponsors of the charter
schools, the school board and superintendent of the districts in which
the charter schools are operated.

5. A charter school shall make available for public inspection, and
provide upon request, to the parent, guardian, or other custodian of any
school-age pupil resident in the district in which the school is located
the following information:

(1) The school's charter;

(2) The school's most recent annual report card published according to
section 160.522; and

(3) The results of background checks on the charter school's board
members.

The charter school may charge reasonable fees, not to exceed the rate
specified in section 610.026, RSMo, for furnishing copies of documents
under this subsection. (L. 1998 S.B. 781 § 6, A.L. 2005 S.B. 287)

*Effective 7-1-06

1. A charter school shall enroll all pupils resident in the
district in which it operates or eligible to attend a district's school
under an urban voluntary transfer program who submit a timely
application, unless the number of applications exceeds the capacity of a
program, class, grade level or building. If capacity is insufficient to
enroll all pupils who submit a timely application, the charter school
shall have an admissions process that assures all applicants of an equal
chance of gaining admission except that:

(1) A charter school may establish a geographical area around the school
whose residents will receive a preference for enrolling in the school,
provided that such preferences do not result in the establishment of
racially or socioeconomically isolated schools and provided such
preferences conform to policies and guidelines established by the state
board of education; and

(2) A charter school may also give a preference for admission of children
whose siblings attend the school or whose parents are employed at the
school.

2. A charter school shall not limit admission based on race, ethnicity,
national origin, disability, gender, income level, proficiency in the
English language or athletic ability, but may limit admission to pupils
within a given age group or grade level.

3. The department of elementary and secondary education shall commission
a study of the performance of students at each charter school in
comparison with a comparable group and a study of the impact of charter
schools upon the districts in which they are located, to be conducted by
a contractor selected through a request for proposal. The department of
elementary and secondary education shall reimburse the contractor from
funds appropriated by the general assembly for the purpose. The study of
a charter school's student performance in relation to a comparable group
shall be designed to provide information that would allow parents and
educators to make valid comparisons of academic performance between the
charter school's students and a group of students comparable to the
students enrolled in the charter school. The impact study shall be
undertaken every two years to determine the effect of charter schools on
education stakeholders in the districts where charter schools are
operated. The impact study may include, but is not limited to,
determining if changes have been made in district policy or procedures
attributable to the charter school and to perceived changes in attitudes
and expectations on the part of district personnel, school board members,
parents, students, the business community and other education
stakeholders. The department of elementary and secondary education shall
make the results of the studies public and shall deliver copies to the
governing boards of the charter schools, the sponsors of the charter
schools**, the school board and superintendent of the districts in which
the charter schools are operated. (L. 1998 S.B. 781 § 6)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

**Word "school" appears in original rolls.

1. For the purposes of calculation and distribution of state
school aid under section 163.031, RSMo, pupils enrolled in a charter
school shall be included in the pupil enrollment of the school district
within which each pupil resides. Each charter school shall report the
names, addresses, and eligibility for free and reduced lunch, special
education, or limited English proficiency status, as well as eligibility
for categorical aid, of pupils resident in a school district who are
enrolled in the charter school to the school district in which those
pupils reside. The charter school shall report the average daily
attendance data, free and reduced lunch count, special education pupil
count, and limited English proficiency pupil count to the state
department of elementary and secondary education. Each charter school
shall promptly notify the state department of elementary and secondary
education and the pupil's school district when a student discontinues
enrollment at a charter school.

2. Except as provided in subsections 3 and 4 of this section, the aid
payments for charter schools shall be as described in this subsection.

(1) A school district having one or more resident pupils attending a
charter school shall pay to the charter school an annual amount equal to
the product of the charter school's weighted average daily attendance and
the state adequacy target, multiplied by the dollar value modifier for
the district, plus local tax revenues per weighted average daily
attendance from the incidental and teachers' funds in excess of the
performance levy as defined in section 163.011, RSMo, plus all other
state aid attributable to such pupils.

(2) The district of residence of a pupil attending a charter school shall
also pay to the charter school any other federal or state aid that the
district receives on account of such child.

(3) If the department overpays or underpays the amount due to the charter
school, such overpayment or underpayment shall be repaid by the public
charter school or credited to the public charter school in twelve equal
payments in the next fiscal year.

(4) The amounts provided pursuant to this subsection shall be prorated
for partial year enrollment for a pupil.

(5) A school district shall pay the amounts due pursuant to this
subsection as the disbursal agent and no later than twenty days following
the receipt of any such funds. The department of elementary and secondary
education shall pay the amounts due when it acts as the disbursal agent
within five days of the required due date.

3. A workplace charter school shall receive payment for each eligible
pupil as provided under subsection 2 of this section, except that if the
student is not a resident of the district and is participating in a
voluntary interdistrict transfer program, the payment for such pupils
shall be the same as provided under section 162.1060, RSMo.

4. A charter school that has declared itself as a local educational
agency shall receive from the department of elementary and secondary
education an annual amount equal to the product of the charter school's
weighted average daily attendance and the state adequacy target,
multiplied by the dollar value modifier for the district, plus local tax
revenues per weighted average daily attendance from the incidental and
teachers funds in excess of the performance levy as defined in section
163.011, RSMo, plus all other state aid attributable to such pupils. If a
charter school declares itself as a local education agency, the
department of elementary and secondary education shall, upon notice of
the declaration, reduce the payment made to the school district by the
amount specified in this subsection and pay directly to the charter
school the annual amount reduced from the school district's payment.

5. If a school district fails to make timely payments of any amount for
which it is the disbursal agent, the state department of elementary and
secondary education shall authorize payment to the charter school of the
amount due pursuant to subsection 2 of this section and shall deduct the
same amount from the next state school aid apportionment to the owing
school district. If a charter school is paid more or less than the
amounts due pursuant to this section, the amount of overpayment or
underpayment shall be adjusted equally in the next twelve payments by the
school district or the department of elementary and secondary education,
as appropriate. Any dispute between the school district and a charter
school as to the amount owing to the charter school shall be resolved by
the department of elementary and secondary education, and the
department's decision shall be the final administrative action for the
purposes of review pursuant to chapter 536, RSMo. During the period of
dispute, the department of elementary and secondary education shall make
every administrative and statutory effort to allow the continued
education of children in their current public charter school setting.

6. The charter school and a local school board may agree by contract for
services to be provided by the school district to the charter school. The
charter school may contract with any other entity for services. Such
services may include but are not limited to food service, custodial
service, maintenance, management assistance, curriculum assistance, media
services and libraries and shall be subject to negotiation between the
charter school and the local school board or other entity. Documented
actual costs of such services shall be paid for by the charter school.

7. A charter school may enter into contracts with community partnerships
and state agencies acting in collaboration with such partnerships that
provide services to children and their families linked to the school.

8. A charter school shall be eligible for transportation state aid
pursuant to section 163.161, RSMo, and shall be free to contract with the
local district, or any other entity, for the provision of transportation
to the students of the charter school.

9. (1) The proportionate share of state and federal resources generated
by students with disabilities or staff serving them shall be paid in full
to charter schools enrolling those students by their school district
where such enrollment is through a contract for services described in
this section. The proportionate share of money generated under other
federal or state categorical aid programs shall be directed to charter
schools serving such students eligible for that aid.

(2) A charter school district shall provide the special services provided
pursuant to section 162.705, RSMo, and may provide the special services
pursuant to a contract with a school district or any provider of such
services.

10. A charter school may not charge tuition, nor may it impose fees that
a school district is prohibited from imposing.

11. A charter school is authorized to incur debt in anticipation of
receipt of funds. A charter school may also borrow to finance facilities
and other capital items. A school district may incur bonded indebtedness
or take other measures to provide for physical facilities and other
capital items for charter schools that it sponsors or contracts with.
Upon the dissolution of a charter school, any liabilities of the
corporation will be satisfied through the procedures of chapter 355, RSMo.

12. Charter schools shall not have the power to acquire property by
eminent domain.

13. The governing body of a charter school is authorized to accept
grants, gifts or donations of any kind and to expend or use such grants,
gifts or donations. A grant, gift or donation may not be accepted by the
governing body if it is subject to any condition contrary to law
applicable to the charter school or other public schools, or contrary to
the terms of the charter. (L. 1998 S.B. 781 § 7, A.L. 1999 H.B. 889, A.L.
2005 S.B. 287)

*Effective 7-1-06

1. For the purposes of calculation and distribution of state
school aid under section 163.031, RSMo, pupils enrolled in a charter
school shall be included in the pupil enrollment of the school district
within which each pupil resides. Each charter school shall report the
names, addresses, and eligibility for free or reduced-price lunch or
other categorical aid, of pupils resident in a school district who are
enrolled in the charter school to the school district in which those
pupils reside and to the state department of elementary and secondary
education. Each charter school shall promptly notify the state department
of elementary and secondary education and the pupil's school district
when a student discontinues enrollment at a charter school.

2. (1) A school district having one or more resident pupils attending a
charter school shall pay to the charter school an annual amount equal to
the product of the equalized, adjusted operating levy for school purposes
for the pupils' district of residence for the current year times the
guaranteed tax base per eligible pupil, as defined in section 163.011,
RSMo, times the number of the district's resident pupils attending the
charter school plus all other state aid attributable to such pupils,
including summer school, if applicable, and all aid provided pursuant to
section 163.031, RSMo.

(2) The district of residence of a pupil attending a charter school shall
also pay to the charter school any other federal or state aid that the
district receives on account of such child.

(3) The amounts provided pursuant to this subsection shall be prorated
for partial year enrollment for a pupil.

(4) A school district shall pay the amounts due pursuant to this
subsection as the disbursal agent and no later than twenty days following
receipt of any such funds.

(5) The per-pupil amount paid by a school district to a charter school
shall be reduced by the amount per pupil determined by the state board of
education to be needed by the district in the current year for repayment
of leasehold revenue bonds obligated pursuant to a federal court
desegregation action.

3. If a school district fails to make timely payments of any amount for
which it is the disbursal agent, the state department of elementary and
secondary education shall authorize payment to the charter school of the
amount due pursuant to subsection 2 of this section and shall deduct the
same amount from the next state school aid apportionment to the owing
school district. If a charter school is paid more or less than the
amounts due pursuant to subsection 2 of this section, the amount of
overpayment or underpayment shall be adjusted in its next payment by the
school district or the department of elementary and secondary education,
as appropriate. Any dispute between the school district and a charter
school as to the amount owing to the charter school shall be resolved by
the department of elementary and secondary education, and the
department's decision shall be the final administrative action for the
purposes of review pursuant to chapter 536, RSMo.

4. The charter school and a local school board may agree by contract for
services to be provided by the school district to the charter school. The
charter school may contract with any other entity for services. Such
services may include but are not limited to food service, custodial
service, maintenance, management assistance, curriculum assistance, media
services and libraries and shall be subject to negotiation between the
charter school and the local school board or other entity. Documented
actual costs of such services shall be paid for by the charter school.

5. A charter school may enter into contracts with community partnerships
and state agencies acting in collaboration with such partnerships that
provide services to children and their families linked to the school.

6. A charter school shall be eligible for transportation state aid
pursuant to section 163.161, RSMo, and shall be free to contract with the
local district, or any other entity, for the provision of transportation
to the students of the charter school.

7. (1) The proportionate share of state and federal resources generated
by students with disabilities or staff serving them shall be paid in full
to charter schools enrolling those students by their school district
where such enrollment is through a contract for services described in
this section. The proportionate share of money generated under other
federal or state categorical aid programs shall be directed to charter
schools serving such students eligible for that aid.

(2) A charter school district shall provide the special services provided
pursuant to section 162.705, RSMo, and may provide the special services
pursuant to a contract with a school district or any provider of such
services.

8. A charter school may not charge tuition, nor may it impose fees that a
school district is prohibited from imposing.

9. A charter school is authorized to incur debt in anticipation of
receipt of funds. A charter school may also borrow to finance facilities
and other capital items. A school district may incur bonded indebtedness
or take other measures to provide for physical facilities and other
capital items for charter schools that it sponsors or contracts with.
Upon the dissolution of a charter school, any liabilities of the
corporation will be satisfied through the procedures of chapter 355, RSMo.

10. Charter schools shall not have the power to acquire property by
eminent domain.

11. The governing body of a charter school is authorized to accept
grants, gifts or donations of any kind and to expend or use such grants,
gifts or donations. A grant, gift or donation may not be accepted by the
governing body if it is subject to any condition contrary to law
applicable to the charter school or other public schools, or contrary to
the terms of the charter. (L. 1998 S.B. 781 § 7, A.L. 1999 H.B. 889)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

1. Any school district in which charter schools may be
established under sections 160.400 to 160.420 shall establish a uniform
policy which provides that if a charter school offers to retain the
services of an employee of a school district, and the employee accepts a
position at the charter school, an employee at the employee's option may
remain an employee of the district and the charter school shall pay to
the district the district's full costs of salary and benefits provided to
the employee. The district's policy shall provide that any teacher who
accepts a position at a charter school and opts to remain an employee of
the district retains such teacher's permanent teacher status and retains
such teacher's seniority rights in the district for three years. The
school district shall not be liable for any such employee's acts while an
employee of the charter school.

2. A charter school may employ noncertificated instructional personnel;
provided that no more than twenty percent of the full-time equivalent
instructional staff positions at the school are filled by noncertificated
personnel. All noncertificated instructional personnel shall be
supervised by certificated instructional personnel. A charter school that
has a foreign language immersion experience as its chief educational
mission, as stated in its charter, shall not be subject to the
twenty-percent requirement of this subsection but shall ensure that any
teachers whose duties include instruction given in a foreign language
have current valid credentials in the country in which such teacher
received his or her training and shall remain subject to the remaining
requirements of this subsection. The charter school shall ensure that all
instructional employees of the charter school have experience, training
and skills appropriate to the instructional duties of the employee, and
the charter school shall ensure that a criminal background check and
child abuse registry check are conducted for each employee of the charter
school prior to the hiring of the employee. The charter school may not
employ instructional personnel whose certificate of license to teach has
been revoked or is currently suspended by the state board of education.
Appropriate experience, training and skills of noncertificated
instructional personnel shall be determined considering:

(1) Teaching certificates issued by another state or states;

(2) Certification by the National Standards Board;

(3) College degrees in the appropriate field;

(4) Evidence of technical training and competence when such is
appropriate; and

(5) The level of supervision and coordination with certificated
instructional staff.

3. Personnel employed by the charter school shall participate in the
retirement system of the school district in which the charter school is
located, subject to the same terms, conditions, requirements and other
provisions applicable to personnel employed by the school district. For
purposes of participating in the retirement system, the charter school
shall be considered to be a public school within the school district, and
personnel employed by the charter school shall be public school
employees. In the event of a lapse of the school district's corporate
organization as described in subsections 1 and 4 of section 162.081,
RSMo, personnel employed by the charter school shall continue to
participate in the retirement system and shall do so on the same terms,
conditions, requirements and other provisions as they participated prior
to the lapse.

4. The charter school and a local school board may agree by contract for
services to be provided by the school district to the charter school. The
charter school may contract with any other entity for services. Such
services may include but are not limited to food service, custodial
service, maintenance, management assistance, curriculum assistance, media
services and libraries and shall be subject to negotiation between the
charter school and the local school board or other entity. Documented
actual costs of such services shall be paid for by the charter school.

5. A charter school may enter into contracts with community partnerships
and state agencies acting in collaboration with such partnerships that
provide services to children and their families linked to the school.

6. A charter school shall be eligible for transportation state aid
pursuant to section 163.161, RSMo, and shall be free to contract with the
local district, or any other entity, for the provision of transportation
to the students of the charter school.

7. (1) The proportionate share of state and federal resources generated
by students with disabilities or staff serving them shall be paid in full
to charter schools enrolling those students by their school district
where such enrollment is through a contract for services described in
this section. The proportionate share of money generated under other
federal or state categorical aid programs shall be directed to charter
schools serving such students eligible for that aid.

(2) A charter school district shall provide the special services provided
pursuant to section 162.705, RSMo, and may provide the special services
pursuant to a contract with a school district or any provider of such
services.

8. A charter school may not charge tuition, nor may it impose fees that a
school district is prohibited from imposing.

9. A charter school is authorized to incur debt in anticipation of
receipt of funds. A charter school may also borrow to finance facilities
and other capital items. A school district may incur bonded indebtedness
or take other measures to provide for physical facilities and other
capital items for charter schools that it sponsors or contracts with.
Upon the dissolution of a charter school, any liabilities of the
corporation will be satisfied through the procedures of chapter 355, RSMo.

10. Charter schools shall not have the power to acquire property by
eminent domain.

11. The governing body of a charter school is authorized to accept
grants, gifts or donations of any kind and to expend or use such grants,
gifts or donations. A grant, gift or donation may not be accepted by the
governing body if it is subject to any condition contrary to law
applicable to the charter school or other public schools, or contrary to
the terms of the charter. (L. 1998 S.B. 781 § 8, A.L. 2001 H.B. 660, A.L.
2005 S.B. 287)

*Effective 7-1-06

1. If a charter school offers to retain the services of an
employee of a school district, and the employee accepts a position at the
charter school, the contract between the charter school and the school
district may provide that an employee at the employee's option may remain
an employee of the district and the charter school shall pay to the
district the district's full costs of salary and benefits provided to the
employee. A teacher who accepts a position at a charter school and opts
to remain an employee of the district retains such teacher's permanent
teacher status and seniority rights in the district. The school district
shall not be liable for any such employee's acts while an employee of the
charter school.

2. A charter school may employ noncertificated instructional personnel;
provided that no more than twenty percent of the full-time equivalent
instructional staff positions at the school are filled by noncertificated
personnel. All noncertified instructional personnel shall be supervised
by certified instructional personnel. The charter school shall ensure
that all instructional employees of the charter school have experience,
training and skills appropriate to the instructional duties of the
employee, and the charter school shall ensure that a criminal background
check and child abuse registry check are conducted for each employee of
the charter school prior to the hiring of the employee. Appropriate
experience, training and skills of noncertificated instructional
personnel shall be determined considering:

(1) Teaching certificates issued by another state or states;

(2) Certification by the National Standards Board;

(3) College degrees in the appropriate field;

(4) Evidence of technical training and competence when such is
appropriate; and

(5) The** level of supervision and coordination with certificated
instructional staff.

3. Personnel employed by the charter school shall participate in the
retirement system of the school district in which the charter school is
located, subject to the same terms, conditions, requirements and other
provisions applicable to personnel employed by the school district. For
purposes of participating in the retirement system, the charter school
shall be considered to be a public school within the school district, and
personnel employed by the charter school shall be public school
employees. In the event of a lapse of the school district's corporate
organization as described in subsections 1 and 4 of section 162.081,
RSMo, personnel employed by the charter school shall continue to
participate in the retirement system and shall do so on the same terms,
conditions, requirements and other provisions as they participated prior
to the lapse. (L. 1998 S.B. 781 § 8, A.L. 2001 H.B. 660)

*This section was amended by S.B. 287, 2005, effective 7-1-06.

**Word "The" does not appear in original rolls.

The governing body of each school district which can be expected
to experience an intensity of ground shaking equivalent to a Modified
Mercalli of VII or above from an earthquake occurring along the New
Madrid Fault with a potential magnitude of 7.6 on the Richter Scale shall
establish an earthquake emergency procedure system in every school
building under its jurisdiction. The governing body of each school
district shall request assistance from the state emergency management
agency and any local emergency management agency located within its
district boundaries to develop and establish the earthquake emergency
procedure system. (L. 1990 S.B. 539 § 2)

1. The earthquake emergency procedure system shall include, but
not be limited to, all of the following:

(1) A school building disaster plan, ready for implementation at any
time, for monitoring the safety and care of students and staff;

(2) An emergency exercise to be held at least twice each school year
whereby students and staff simulate earthquake emergency conditions and
the procedures for safety and protection to be implemented under such
conditions; provided the department of education shall not require any
school district to perform more than two earthquake preparedness drills
during any one school year;

(3) Protective measures to be taken before, during and following an
earthquake; and

(4) A program to ensure that the students and certificated and
noncertificated employees of the school district are aware of, and
properly trained in, the earthquake emergency procedure system.

2. Each school district shall make available for public inspection during
normal business hours its earthquake emergency procedure system. (L. 1990
S.B. 539 § 3)

At the beginning of each school year, each school district in
the state shall distribute to each student such materials that have been
prepared by the Federal Emergency Management Agency, the state emergency
management agency or by agencies that are authorities in the area of
earthquake safety and that provide the following objectives:

(1) Developing public awareness regarding the causes of earthquakes, the
forces and effects of earthquakes, and the need for school and community
action in coping with earthquake hazards;

(2) Promoting understanding of the impact of earthquakes on natural
features and manmade structures; and

(3) Explaining what safety measures should be taken by individuals and
households prior to, during and following an earthquake. (L. 1990 S.B.
539 § 4)

The governing body of each school district which is situated in
an area of the state which can be expected to experience an intensity of
ground shaking of less than VII on the Modified Mercalli scale from an
earthquake occurring along the New Madrid Fault with a potential
magnitude of 7.6 on the Richter Scale may elect to be subject to the
provisions of sections 160.451 to 160.455. (L. 1990 S.B. 539 § 5)

1. The board of education of each school district in this state
is authorized to adopt an emergency preparedness plan to address the use
of school resources, including school facilities, commodity foods, school
buses, and equipment if a natural disaster or other community emergency
occurs.

2. The emergency preparedness plan may authorize the superintendent or
other designated school officials to approve use of school resources to
provide relief to the community if an emergency occurs.

3. Food assistance may be provided using commodities distributed by the
United States Department of Agriculture consistent with the standards for
emergency congregate feeding under such program.

4. The use of school resources under this section shall be subject to
review by the board of education within thirty days of authorization or
as soon as reasonably possible. (L. 2004 H.B. 1070)

1. Sections 160.500 to 160.538, sections 160.545 and 160.550,
sections 161.099 and 161.610, RSMo, sections 162.203 and 162.1010, RSMo,
section 163.023, RSMo, sections 166.275 and 166.300, RSMo, section
170.254, RSMo, section 173.750, RSMo, and sections 178.585 and 178.698,
RSMo, may be cited as the "Outstanding Schools Act" and includes
provisions relating to reduced class size, the A+ schools program,
funding for parents as teachers and early childhood development, teacher
training, the upgrading of vocational and technical education, measures
to promote accountability and other provisions of those sections.

2. There is hereby established in the state treasury the "Outstanding
Schools Trust Fund". The moneys in the fund shall be available to support
only the provisions, reforms and programs referenced in subsection 1 of
this section or otherwise contained in this act**. The fund shall consist
of moneys required by law to be credited to such fund and moneys
appropriated annually by the general assembly. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, moneys in the fund
shall not be transferred to the credit of the general revenue fund at the
end of the biennium. All yield, interest, income, increment or gain
received from time deposit of moneys in the state treasury to the credit
of the fund shall be credited by the state treasurer to the fund. Of all
refunds made of taxes deposited into the fund, the appropriate percentage
of any refund shall be paid from the fund or deducted from transfers to
the fund.

3. The commissioner of administration shall estimate and furnish to the
state treasurer the appropriate net increase in the amount of state tax
revenues collected and any adjustments to previous estimates pursuant to
this act** from the following: the additional one and one-fourth percent
tax on Missouri taxable income collected under subsection 2 of section
143.071, RSMo; and the reduction of the federal income tax deduction
pursuant to subsections 2 and 3 of section 143.171, RSMo, not including
any change in tax collections resulting from any revision of the federal
tax code made after January 1, 1993. The treasurer shall transfer monthly
from general revenue an amount equal to the estimate to the outstanding
schools trust fund established in subsection 2 of this section. (L. 1993
S.B. 380 §§ A, 1)

*Contingent expiration date. See section 143.107.

**"This act" (S.B. 380, 1993) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. There is hereby established the "Commission on Performance"
to be known herein as the commission. The commission shall be composed of
the governor, speaker of the house, president pro tempore of the senate,
two additional members of the house of representatives selected by the
speaker of the house, no more than one of whom shall be from the same
political party, and two additional members of the senate selected by the
president pro tempore of the senate, no more than one of whom shall be
from the same political party, two members of the state board of
education selected by the state board of education, no more than one of
whom shall be from the same political party, the commissioner of
education or the appointed designees of those persons and two members of
district boards of education appointed by the governor, who shall be
permanent members of the commission. The permanent members of the
commission shall appoint such other members and fix their term of
appointment so that the commission is broadly represented by educational
professionals, including school administrators, parents, and the business
community in the state, excepting that at least twenty-five percent of
all members of the commission shall be composed of active classroom
teachers in the elementary, middle, or secondary level grades.

2. The duties of the commission shall be confined to providing advice and
counsel to the state board of education in the development and
implementation of the provisions contained in sections 160.514 to
160.538, section 163.023, RSMo, and section 166.275, RSMo. Further, the
commission shall study the equity and adequacy of the school foundation
formula as established by section 163.031, RSMo, and adequacy of
instruction, and make recommendations to the general assembly to ensure
that equity and adequacy tests for providing equal educational access to
all public school students as intended by the constitution of the state
are being met. The commission shall serve without remuneration. From
moneys appropriated therefor, the commission may be reimbursed for
expenses incurred in the conduct of commission business. The authority
provided to the commission as outlined in this section or otherwise
contained in this act** shall expire on January 1, 2000. (L. 1993 S.B.
380 §§ A, 2)

*Contingent expiration date. See section 143.107.

**"This act" (S.B. 380, 1993) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. By rule and regulation, and consistent with the provisions
contained in section 160.526, RSMo, the state board of education shall
adopt no more than seventy-five academic performance standards which
establish the knowledge, skills and competencies necessary for students
to successfully advance through the public elementary and secondary
education system of this state; lead to or qualify a student for high
school graduation; prepare students for postsecondary education or the
workplace or both; and are necessary in this era to preserve the rights
and liberties of the people.

2. The state board of education shall convene work groups composed of
education professionals to develop and recommend academic performance
standards. Separate work groups composed of professionals with
appropriate expertise shall be convened for each subject area listed in
section 160.518. Active classroom teachers shall constitute the majority
of each work group. Teachers serving on such work groups shall be
selected by professional teachers' organizations of the state. Additional
teachers who are not members of such organizations may serve by
appointment of the state board of education.

3. The state board of education shall develop written curriculum
frameworks that may be used by school districts. Such curriculum
frameworks shall incorporate the academic performance standards adopted
by the state board of education pursuant to subsection 1 of this section.
The curriculum frameworks shall provide guidance to school districts but
shall not be mandates for local school boards in the adoption or
development of written curricula as required by subsection 4 of this
section.

4. Not later than one year after the development of written curriculum
frameworks pursuant to subsection 3 of this section, the board of
education of each school district in the state shall adopt or develop a
written curriculum designed to ensure that students attain the knowledge,
skills and competencies established pursuant to subsection 1 of this
section. Local school boards are encouraged to adopt or develop curricula
that are rigorous and ambitious and may, but are not required to, use the
curriculum frameworks developed pursuant to subsection 3 of this section.
Nothing in this section or this act** shall prohibit school districts, as
determined by local boards of education, to develop or adopt curricula
that provide for academic standards in addition to those identified by
the state board of education pursuant to subsection 1 of this section.
(L. 1993 S.B. 380 § 3)

*Contingent expiration date. See section 143.107.

**"This act" (S.B. 380, 1993) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. Consistent with the provisions contained in section 160.526,
the state board of education shall develop a statewide assessment system
that provides maximum flexibility for local school districts to determine
the degree to which students in the public schools of the state are
proficient in the knowledge, skills, and competencies adopted by such
board pursuant to subsection 1 of section 160.514. The statewide
assessment system shall assess problem solving, analytical ability,
evaluation, creativity, and application ability in the different content
areas and shall be performance-based to identify what students know, as
well as what they are able to do, and shall enable teachers to evaluate
actual academic performance. The assessment system shall neither promote
nor prohibit rote memorization and shall not include existing versions of
tests approved for use pursuant to the provisions of section 160.257, nor
enhanced versions of such tests. The statewide assessment shall measure,
where appropriate by grade level, a student's knowledge of academic
subjects including, but not limited to, reading skills, writing skills,
mathematics skills, world and American history, forms of government,
geography and science.

2. The assessment system shall only permit the academic performance of
students in each school in the state to be tracked against prior academic
performance in the same school.

3. The state board of education shall suggest criteria for a school to
demonstrate that its students learn the knowledge, skills and
competencies at exemplary levels worthy of imitation by students in other
schools in the state and nation. "Exemplary levels" shall be measured by
the assessment system developed pursuant to subsection 1 of this section,
or until said assessment is available, by indicators approved for such
use by the state board of education. The provisions of other law to the
contrary notwithstanding, the commissioner of education may, upon request
of the school district, present a plan for the waiver of rules and
regulations to any such school, to be known as "Outstanding Schools
Waivers", consistent with the provisions of subsection 4 of this section.

4. For any school that meets the criteria established by the state board
of education for three successive school years pursuant to the provisions
of subsection 3 of this section, by August first following the third such
school year, the commissioner of education shall present a plan to the
superintendent of the school district in which such school is located for
the waiver of rules and regulations to promote flexibility in the
operations of the school and to enhance and encourage efficiency in the
delivery of instructional services. The provisions of other law to the
contrary notwithstanding, the plan presented to the superintendent shall
provide a summary waiver, with no conditions, for the pupil testing
requirements pursuant to section 160.257, in the school. Further, the
provisions of other law to the contrary notwithstanding, the plan shall
detail a means for the waiver of requirements otherwise imposed on the
school related to the authority of the state board of education to
classify school districts pursuant to subdivision (9) of section 161.092,
RSMo, and such other rules and regulations as determined by the
commissioner of education, excepting such waivers shall be confined to
the school and not other schools in the district unless such other
schools meet the criteria established by the state board of education
consistent with subsection 3 of this section and the waivers shall not
include the requirements contained in this section and section 160.514.
Any waiver provided to any school as outlined in this subsection shall be
void on June thirtieth of any school year in which the school fails to
meet the criteria established by the state board of education consistent
with subsection 3 of this section.

5. The score on any assessment test developed pursuant to this section or
this chapter of any student for whom English is a second language shall
not be counted until such time as such student has been educated for
three full school years in a school in this state, or in any other state,
in which English is the primary language.

6. The state board of education shall identify or, if necessary,
establish one or more developmentally appropriate alternate assessments
for students who receive special educational services, as that term is
defined pursuant to section 162.675, RSMo. In the development of such
alternate assessments, the state board shall establish an advisory panel
consisting of a majority of active special education teachers and other
education professionals as appropriate to research available assessment
options. The advisory panel shall attempt to identify preexisting
developmentally appropriate alternate assessments but shall, if
necessary, develop alternate assessments and recommend one or more
alternate assessments for adoption by the state board. The state board
shall consider the recommendations of the advisory council in
establishing such alternate assessment or assessments. Any student who
receives special educational services, as that term is defined pursuant
to section 162.675, RSMo, shall be assessed by an alternate assessment
established pursuant to this subsection upon a determination by the
student's individualized education program team that such alternate
assessment is more appropriate to assess the student's knowledge, skills
and competencies than the assessment developed pursuant to subsection 1
of this section. The alternate assessment shall evaluate the student's
independent living skills, which include how effectively the student
addresses common life demands and how well the student meets standards
for personal independence expected for someone in the student's age
group, sociocultural background, and community setting.

7. Notwithstanding the provisions of subsections 1 to 6 of this section,
no later than June 30, 2006, the state board of education shall
administer the following adjustments to the statewide assessment system:

(1) Align the performance standards of the statewide assessment system so
that such indicators meet, but do not exceed, the performance standards
of the National Assessment of Education Progress (NAEP) exam;

(2) Institute yearly examination of students in the required subject
areas where compelled by existing federal standards, as of August 28,
2004; and

(3) Administer any other adjustments that the state board of education
deems necessary in order to aid the state in satisfying existing federal
requirements, as of August 28, 2004, including, but not limited to, the
requirements contained in the federal No Child Left Behind Act. Grade-
level expectations shall be considered when the state board of education
establishes performance standards.

8. By July 1, 2006, the state board of education shall examine its rules
and regulations and revise them to permit waivers of resource and process
standards based upon achievement of performance profiles consistent with
accreditation status. (L. 1993 S.B. 380 § 4, A.L. 2001 S.B. 319, A.L.
2002 H.B. 1711, A.L. 2004 S.B. 1080)

CROSS REFERENCE: District policy on student participation, prohibited
uses of results, RSMo 160.570

1. The department of elementary and secondary education shall
produce or cause to be produced, at least annually, a school
accountability report card for each public school district, each public
school building in a school district, and each charter school in the
state. The report card shall be designed to satisfy state and federal
requirements for the disclosure of statistics about students, staff,
finances, academic achievement, and other indicators. The purpose of the
report card shall be to provide educational statistics and accountability
information for parents, taxpayers, school personnel, legislators, and
the print and broadcast news media in a standardized, easily accessible
form.

2. The department of elementary and secondary education shall develop a
standard form for the school accountability report card. The information
reported shall include, but not be limited to, the district's most recent
accreditation rating, enrollment, rates of pupil attendance, high school
dropout rate and graduation rate, the number and rate of suspensions of
ten days or longer and expulsions of pupils, the district ratio of
students to administrators and students to classroom teachers, the
average years of experience of professional staff and advanced degrees
earned, student achievement as measured through the assessment system
developed pursuant to section 160.518, student scores on the ACT, along
with the percentage of graduates taking the test, average teachers' and
administrators' salaries compared to the state averages, average per
pupil current expenditures for the district as a whole and by attendance
center as reported to the department of elementary and secondary
education, the adjusted tax rate of the district, assessed valuation of
the district, percent of the district operating budget received from
state, federal, and local sources, the percent of students eligible for
free or reduced-price lunch, data on the percent of students continuing
their education in postsecondary programs, and information about the job
placement rate for students who complete district vocational education
programs.

3. The report card shall permit the disclosure of data on a
school-by-school basis, but the reporting shall not be personally
identifiable to any student or education professional in the state.

4. The report card shall identify each school or attendance center that
has been identified as a priority school under sections 160.720 and
161.092, RSMo. The report also shall identify attendance centers that
have been categorized under federal law as needing improvement or
requiring specific school improvement strategies.

5. The report card shall not limit or discourage other methods of public
reporting and accountability by local school districts. Districts shall
provide information included in the report card to parents, community
members, the print and broadcast news media, and legislators by December
first annually or as soon thereafter as the information is available to
the district, giving preference to methods that incorporate the reporting
into substantive official communications such as student report cards.
The school district shall provide a printed copy of the district-level or
school-level report card to any patron upon request and shall make
reasonable efforts to supply businesses such as, but not limited to, real
estate and employment firms with copies or other information about the
reports so that parents and businesses from outside the district who may
be contemplating relocation have access. (L. 1993 S.B. 380 § 5, A.L. 1997
H.B. 641 & 593, A.L. 2000 S.B. 944, A.L. 2001 H.B. 865 merged with S.B.
575, A.L. 2005 H.B. 297)

1. In establishing the academic standards authorized by
subsection 1 of section 160.514 and the statewide assessment system
authorized by subsection 1 of section 160.518, the state board of
education shall consider the work that has been done by other states,
recognized regional and national experts, professional education
discipline-based associations and other professional education
associations. Further, in establishing the academic standards and
statewide assessment system, the state board of education shall adopt the
work that has been done by consortia of other states and, subject to
appropriations, may contract with such consortia to implement the
provisions of sections 160.514 and 160.518.

2. The state board of education shall, by contract enlist the assistance
of such national experts, as approved by the commission established
pursuant to section 160.510, to receive reports, advice and counsel on a
regular basis pertaining to the validity and reliability of the statewide
assessment system. The reports from such experts shall be received by the
commission, which shall make a final determination concerning the
reliability and validity of the statewide assessment system. Within six
months prior to implementation of the statewide assessment system, the
commissioner of education shall inform the president pro tempore of the
senate and the speaker of the house about the procedures to implement the
assessment system, including a report related to the reliability and
validity of the assessment instruments, and the general assembly may,
within the next sixty legislative days, veto such implementation by
concurrent resolution adopted by majority vote of both the senate and the
house of representatives.

3. The commissioner of education shall establish a procedure for the
state board of education to regularly receive advice and counsel from
professional educators at all levels in the state, district boards of
education, parents, representatives from business and industry, and labor
and community leaders pertaining to the implementation of sections
160.514 and 160.518. The procedure shall include, at a minimum, the
appointment of ad hoc committees and shall be in addition to the advice
and counsel obtained from the commission pursuant to section 160.510. (L.
1993 S.B. 380 § 6, A.L. 1998 S.B. 781)

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295 (Mo.
banc).

1. Beginning with fiscal year 1994 and for all fiscal years
thereafter, in order to be eligible for state aid distributed pursuant to
section 163.031, RSMo, a school district shall allocate one percent of
moneys received pursuant to section 163.031, RSMo, exclusive of
categorical add-ons, to the professional development committee of the
district as established in subdivision (1) of subsection 4 of section
168.400, RSMo. Of the moneys allocated to the professional development
committee in any fiscal year as specified by this subsection,
seventy-five percent of such funds shall be spent in the same fiscal year
for purposes determined by the professional development committee after
consultation with the administrators of the school district and approved
by the local board of education as meeting the objectives of a school
improvement plan of the district that has been developed by the local
board. Moneys expended for staff training pursuant to any provisions of
this act shall not be considered in determining the requirements for
school districts imposed by this subsection.

2. Beginning with fiscal year 1994 and for all fiscal years thereafter,
eighteen million dollars of the moneys appropriated to the department of
elementary and secondary education otherwise distributed to the public
schools of the state pursuant to the provisions of section 163.031, RSMo,
exclusive of categorical add-ons, shall be distributed by the
commissioner of education to address statewide areas of critical need for
learning and development as determined by rule and regulation of the
state board of education with the advice of the commission established by
section 160.510 and the advisory council provided by subsection 1 of
section 168.015, RSMo. The moneys described in this subsection may be
distributed by the commissioner of education to colleges, universities,
private associations, professional education associations, statewide
associations organized for the benefit of members of boards of education,
public elementary and secondary schools, and other associations and
organizations that provide professional development opportunities for
teachers, administrators, family literacy personnel and boards of
education for the purpose of addressing statewide areas of critical need,
provided that subdivisions (1), (2) and (3) of this subsection shall
constitute priority uses for such moneys. "Statewide areas of critical
need for learning and development" shall include:

(1) Funding the operation of state management teams in districts with
academically deficient schools and providing resources specified by the
management team as needed in such districts;

(2) Funding for grants to districts, upon application to the department
of elementary and secondary education, for resources identified as
necessary by the district, for those districts which are failing to
achieve assessment standards;

(3) Funding for family literacy programs;

(4) Ensuring that all children, especially children at risk, children
with special needs, and gifted students are successful in school;

(5) Increasing parental involvement in the education of their children;

(6) Providing information which will assist public school administrators
and teachers in understanding the process of site-based decision making;

(7) Implementing recommended curriculum frameworks as outlined in section
160.514;

(8) Training in new assessment techniques for students;

(9) Cooperating with law enforcement authorities to expand successful
antidrug programs for students;

(10) Strengthening existing curricula of local school districts to stress
drug and alcohol prevention;

(11) Implementing and promoting programs to combat gang activity in urban
areas of the state;

(12) Establishing family schools, whereby such schools adopt proven
models of one-stop state services for children and families;

(13) Expanding adult literacy services; and

(14) Training of members of boards of education in the areas deemed
important for the training of effective board members as determined by
the state board of education.

3. Beginning with fiscal year 1994 and for all fiscal years thereafter,
two million dollars of the moneys appropriated to the department of
elementary and secondary education otherwise distributed to the public
schools of the state pursuant to the provisions of section 163.031, RSMo,
exclusive of categorical add-ons, shall be distributed in grant awards by
the state board of education, by rule and regulation, for the "Success
Leads to Success" grant program, which is hereby created. The purpose of
the success leads to success grant program shall be to recognize,
disseminate and exchange information about the best professional teaching
practices and programs in the state that address student needs, and to
encourage the staffs of schools with these practices and programs to
develop school-to-school networks to share these practices and programs.

4. The department shall include a listing of all expenditures under this
section in the annual budget documentation presented to the governor and
general assembly. (L. 1993 S.B. 380 § 7, A.L. 2002 H.B. 1711, A.L. 2005
S.B. 287)

*Effective 7-1-06

*Revisor's notes: Contingent expiration date. See section 143.107.
Invalidity of section 82.293 shall not affect the validity of this
section, RSMo 82.293.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. Beginning with fiscal year 1994 and for all fiscal years
thereafter, in order to be eligible for state aid distributed pursuant to
section 163.031, RSMo, a school district shall allocate one percent of
moneys received pursuant to section 163.031, RSMo, exclusive of
categorical add-ons, to the professional development committee of the
district as established in subdivision (1) of subsection 4 of section
168.400, RSMo. Of the moneys allocated to the professional development
committee in any fiscal year as specified by this subsection,
seventy-five percent of such funds shall be spent in the same fiscal year
for purposes determined by the professional development committee after
consultation with the administrators of the school district and approved
by the local board of education as meeting the objectives of a school
improvement plan of the district that has been developed by the local
board. Moneys expended for staff training pursuant to any provisions of
this act shall not be considered in determining the requirements for
school districts imposed by this subsection.

2. Beginning with fiscal year 1994 and for all fiscal years thereafter,
ninety percent of one percent of moneys appropriated to the department of
elementary and secondary education otherwise distributed to the public
schools of the state pursuant to the provisions of section 163.031, RSMo,
exclusive of categorical add-ons, shall be distributed by the
commissioner of education to address statewide areas of critical need for
learning and development as determined by rule and regulation of the
state board of education with the advice of the commission established by
section 160.510 and the advisory council provided by subsection 1 of
section 168.015, RSMo. The moneys described in this subsection may be
distributed by the commissioner of education to colleges, universities,
private associations, professional education associations, statewide
associations organized for the benefit of members of boards of education,
public elementary and secondary schools, and other associations and
organizations that provide professional development opportunities for
teachers, administrators, family literacy personnel and boards of
education for the purpose of addressing statewide areas of critical need,
provided that subdivisions (1), (2) and (3) of this subsection shall
constitute priority uses for such moneys. "Statewide areas of critical
need for learning and development" shall include:

(1) Funding the operation of state management teams in districts with
academically deficient schools and providing resources specified by the
management team as needed in such districts;

(2) Funding for grants to districts, upon application to the department
of elementary and secondary education, for resources identified as
necessary by the district, for those districts which are failing to
achieve assessment standards;

(3) Funding for family literacy programs;

(4) Ensuring that all children, especially children at risk, children
with special needs, and gifted students are successful in school;

(5) Increasing parental involvement in the education of their children;

(6) Providing information which will assist public school administrators
and teachers in understanding the process of site-based decision making;

(7) Implementing recommended curriculum frameworks as outlined in section
160.514;

(8) Training in new assessment techniques for students;

(9) Cooperating with law enforcement authorities to expand successful
antidrug programs for students;

(10) Strengthening existing curricula of local school districts to stress
drug and alcohol prevention;

(11) Implementing and promoting programs to combat gang activity in urban
areas of the state;

(12) Establishing family schools, whereby such schools adopt proven
models of one-stop state services for children and families;

(13) Expanding adult literacy services; and

(14) Training of members of boards of education in the areas deemed
important for the training of effective board members as determined by
the state board of education.

3. Beginning with fiscal year 1994 and for all fiscal years thereafter,
ten percent of one percent of moneys appropriated to the department of
elementary and secondary education otherwise distributed to the public
schools of the state pursuant to the provisions of section 163.031, RSMo,
exclusive of categorical add-ons, shall be distributed in grant awards by
the state board of education, by rule and regulation, for the "Success
Leads to Success" grant program, which is hereby created. The purpose of
the success leads to success grant program shall be to recognize,
disseminate and exchange information about the best professional teaching
practices and programs in the state that address student needs, and to
encourage the staffs of schools with these practices and programs to
develop school-to-school networks to share these practices and programs.
(L. 1993 S.B. 380 § 7, A.L. 2002 H.B. 1711)

*This section was amended by S.B. 287, 2005, effective 7-1-06.

*Revisor's notes: Contingent expiration date. See section 143.107.
Invalidity of section 82.293 shall not affect the validity of this
section, RSMo 82.293.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. Beginning with fiscal year 2005 and for all fiscal years
thereafter, an amount, as specified in subsection 2 of this section, of
the appropriation to the department of elementary and secondary education
otherwise distributed to the public schools of the state pursuant to the
provisions of section 163.031, RSMo, shall be distributed by the
department of elementary and secondary education to establish and fund
family literacy programs in school attendance centers declared
academically deficient by the state board of education as authorized by
section 160.538 or school districts declared unaccredited or
provisionally accredited by the state board of education pursuant to
section 161.092, RSMo.

2. The amount to be distributed by the department of elementary and
secondary education to establish and fund family literacy programs
pursuant to subsection 1 of this section shall be one and one-half
percent of the total line 14 distribution.

3. The department of elementary and secondary education shall promulgate
rules for the distribution of family literacy funds.

4. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to chapter 536, RSMo. (L. 2002 H.B. 1711)

*This section was repealed by S.B. 287, 2005, effective 7-1-06.

*Revisor's note: Invalidity of section 82.293 shall not affect the
validity of this section, RSMo 82.293.

For fiscal year 1996 and each subsequent fiscal year, any amount
of the excursion gambling boat proceeds deposited in the gaming proceeds
for education fund in excess of the amount transferred to the school
district bond fund as provided in section 164.303, RSMo, shall be
transferred to the classroom trust fund. Such moneys shall be distributed
in the manner provided in section 163.043, RSMo. (L. 1993 S.B. 380 § 8
subsec. 1, A.L. 1995 S.B. 301, A.L. 2005 S.B. 287)

*Effective 7-1-06

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

For fiscal year 1996 and each subsequent fiscal year, any amount
of the excursion gambling boat proceeds deposited in the gaming proceeds
for education fund in excess of the amount transferred to the school
district bond fund as provided in section 164.303, RSMo, shall be
transferred to the state school moneys fund. Such moneys shall be
transferred on a monthly basis and shall be distributed in the manner
provided in section 163.031, RSMo. (L. 1993 S.B. 380 § 8 subsec. 1, A.L.
1995 S.B. 301)

Effective 6-27-95

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. In any school district whose graduation rate, as defined in
section 160.011, is below sixty-five percent, the district school board
shall determine which schools in the district meet the criteria set forth
pursuant to section 160.538 as being academically deficient, based on the
results of the assessment system developed pursuant to section 160.518,
whether or not the state board of education has made a finding that the
schools are academically deficient. With respect to any such school,
notwithstanding any provision of state law or regulation, district rule
or regulation, or contract, the school district board shall have the
authority to suspend or terminate contracts of certificated staff, the
principal and any administrators having responsibility for the school and
to reconstitute the school with new teachers and administrative staff.
The authority granted herein shall not preclude the district board from
offering contracts to individual teachers or administrators as the board
may deem appropriate. Any termination of a contract of an individual
permanent teacher pursuant to this section shall be subject to the
procedures of sections 168.114 to 168.120, RSMo, or section 168.221,
RSMo, whichever is applicable to such contract.

2. In any school district subject to the provisions of subsection 1 of
this section, the district shall develop a program of incentives and
rewards for teachers who contribute to a successful effort to prevent
schools from becoming academically deficient as defined in this section
or to remove schools that have been so identified from that category. The
district's plan shall be subject to approval by the commissioner of
education and may include, but shall not be limited to, bonuses,
opportunities for staff development and the granting of status as master
teachers. (L. 1998 S.B. 781)

1. There is hereby established within the department of
elementary and secondary education, the "Research-based Reform Program",
to be administered by the commissioner of education. The program shall
consist of grant awards made to public schools from funds appropriated by
the general assembly, demonstrating a commitment to undertake
whole-school reforms that research has shown to be effective in improving
student performance and sustaining measurable improvement after
implementation. Grants shall require a matching contribution from the
school district in which the school is located and shall run for up to
three years. Funding for the second year shall be contingent upon each
school's performance in setting up the chosen program, and funding for
the third year shall be contingent upon second-year performance.

2. The state board of education shall promulgate rules for the initial
approval, second- and third-year funding of grants made under the
program. The rules shall contain a method for determining the amount of
the matching funds required from the district in which the grantee school
is located. Such rules shall include a list of research-based reform
programs that the state board of education determines can be reliably
replicated under urban, suburban and rural conditions. The list shall be
coordinated with the federal Comprehensive School Reform Initiative to
enable Missouri schools to be eligible for the moneys made available by
the federal program. The department shall develop a method to evaluate
the effectiveness of each school's implementation of the chosen
research-based program for purposes of granting or denying second-year
funding.

3. The grant program shall provide sufficient technical assistance to
ensure that small schools that lack personnel with expertise in applying
for grants are not prevented from applying. Added priority shall be given
to schools which have been designated as academically deficient pursuant
to section 160.538. Added priority shall be given to groups of schools
that form consortia for the purpose of applying for the grant funds as a
means of encouraging schools in isolated areas to participate. However,
nothing in this subsection shall be construed as prohibiting consortia in
more densely populated areas of the state from seeking such priority on
grants under this program.

4. The commissioner of education shall develop a procedure for evaluating
the effectiveness of the program described in this section. Such
evaluation shall be conducted annually with the results of the evaluation
provided to the governor, the speaker of the house of representatives and
the president pro tempore of the senate.

5. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to the provisions of chapter 536, RSMo. (L. 1998 S.B. 781)

1. There is hereby established within the department of
elementary and secondary education the "A+ Schools Program" to be
administered by the commissioner of education. The program shall consist
of grant awards made to public secondary schools that demonstrate a
commitment to ensure that:

(1) All students be graduated from school;

(2) All students complete a selection of high school studies that is
challenging and for which there are identified learning expectations; and

(3) All students proceed from high school graduation to a college or
postsecondary vocational or technical school or high-wage job with work
place skill development opportunities.

2. The state board of education shall promulgate rules and regulations
for the approval of grants made under the program to schools that:

(1) Establish measurable districtwide performance standards for the goals
of the program outlined in subsection 1 of this section; and

(2) Specify the knowledge, skills and competencies, in measurable terms,
that students must demonstrate to successfully complete any individual
course offered by the school, and any course of studies which will
qualify a student for graduation from the school; and

(3) Do not offer a general track of courses that, upon completion, can
lead to a high school diploma; and

(4) Require rigorous coursework with standards of competency in basic
academic subjects for students pursuing vocational and technical
education as prescribed by rule and regulation of the state board of
education; and

(5) Have a partnership plan developed in cooperation and with the advice
of local business persons, labor leaders, parents, and representatives of
college and postsecondary vocational and technical school
representatives, with the plan then approved by the local board of
education. The plan shall specify a mechanism to receive information on
an annual basis from those who developed the plan in addition to senior
citizens, community leaders, and teachers to update the plan in order to
best meet the goals of the program as provided in subsection 1 of this
section. Further, the plan shall detail the procedures used in the school
to identify students that may drop out of school and the intervention
services to be used to meet the needs of such students. The plan shall
outline counseling and mentoring services provided to students who will
enter the work force upon graduation from high school, address
apprenticeship and intern programs, and shall contain procedures for the
recruitment of volunteers from the community of the school to serve in
schools receiving program grants.

3. By rule and regulation, the state board of education may determine a
local school district variable fund match requirement in order for a
school or schools in the district to receive a grant under the program.
However, no school in any district shall receive a grant under the
program unless the district designates a salaried employee to serve as
the program coordinator, with the district assuming a minimum of one-half
the cost of the salary and other benefits provided to the coordinator.
Further, no school in any district shall receive a grant under the
program unless the district makes available facilities and services for
adult literacy training as specified by rule of the state board of
education.

4. For any school that meets the requirements for the approval of the
grants authorized by this section and specified in subsection 2 of this
section for three successive school years, by August first following the
third such school year, the commissioner of education shall present a
plan to the superintendent of the school district in which such school is
located for the waiver of rules and regulations to promote flexibility in
the operations of the school and to enhance and encourage efficiency in
the delivery of instructional services in the school. The provisions of
other law to the contrary notwithstanding, the plan presented to the
superintendent shall provide a summary waiver, with no conditions, for
the pupil testing requirements pursuant to section 160.257 in the school.
Further, the provisions of other law to the contrary notwithstanding, the
plan shall detail a means for the waiver of requirements otherwise
imposed on the school related to the authority of the state board of
education to classify school districts pursuant to subdivision (9) of
section 161.092, RSMo, and such other rules and regulations as determined
by the commissioner of education, except such waivers shall be confined
to the school and not other schools in the school district unless such
other schools meet the requirements of this subsection. However, any
waiver provided to any school as outlined in this subsection shall be
void on June thirtieth of any school year in which the school fails to
meet the requirements for the approval of the grants authorized by this
section as specified in subsection 2 of this section.

5. For any school year, grants authorized by subsections 1 to 3 of this
section shall be funded with the amount appropriated for this program,
less those funds necessary to reimburse eligible students pursuant to
subsection 6 of this section.

6. The commissioner of education shall, by rule and regulation of the
state board of education and with the advice of the coordinating board
for higher education, establish a procedure for the reimbursement of the
cost of tuition, books and fees to any public community college or
vocational or technical school for any student:

(1) Who has attended a public high school in the state for at least three
years immediately prior to graduation that meets the requirements of
subsection 2 of this section, except that students who are active duty
military dependents who, in the school year immediately preceding
graduation, meet all other requirements of this subsection and are
attending a school that meets the requirements of subsection 2 of this
section shall be exempt from the three-year attendance requirement of
this subdivision; and

(2) Who has made a good faith effort to first secure all available
federal sources of funding that could be applied to the reimbursement
described in this subsection; and

(3) Who has earned a minimal grade average while in high school as
determined by rule of the state board of education, and other
requirements for the reimbursement authorized by this subsection as
determined by rule and regulation of said board.

7. The commissioner of education shall develop a procedure for evaluating
the effectiveness of the program described in this section. Such
evaluation shall be conducted annually with the results of the evaluation
provided to the governor, speaker of the house, and president pro tempore
of the senate. (L. 1993 S.B. 380 § 14, A.L. 2002 S.B. 859)

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. There is hereby authorized a program, subject to
appropriation, for the 1995, 1996, and 1997 fiscal years to provide
incentive payments to school districts to reduce pupil/teacher ratios and
promote student achievement in grades kindergarten to three. In providing
incentive payments authorized by this section, the state board of
education, by rule and regulation, shall take into account the
instructional methods that school districts use to qualify for the
incentive payment. The state board of education shall promulgate any
rules it deems necessary to effectively implement the provisions of this
section. Any school district which achieves a pupil/teacher ratio of
twenty-five to one or lower in any grades kindergarten to three shall be
eligible for incentive payments pursuant to this section.

2. For the purposes of this section, the term "teacher" means a
certificated teacher licensed to teach in Missouri, who is a regular
classroom teacher in a regular instructional program. The term shall not
include aides, administrators, or teachers with temporary certificates.

3. School districts shall be eligible for incentive payments only where
the district can substantiate according to rules and regulations of the
state board of education that the pupil/teacher ratio in the grade levels
not affected by the program authorized by this section did not increase
in order to meet the requirements for the incentive payment. Further, by
rule and regulation of the state board of education, criteria shall be
established to disqualify school districts from receiving incentive
payments outlined in this section if such qualification is due to
enrollment decreases in the district that have occurred in grades
kindergarten to three.

4. Nothing in this section shall be construed to preclude the teaching
staff within a school from grouping pupils in alternative ways for
instruction, including, but not limited to, team teaching,
class-within-a-class, cooperative learning, and ungraded approaches to
teaching; provided, however, that such alternative instructional
groupings are not used in grade levels not affected by the program
outlined in this section in order to meet the criteria to qualify for
receiving incentive payments for the reduction in class size in grades
kindergarten to three.

5. No rule or portion of a rule promulgated under the authority of
sections 160.500 to 160.538, sections 160.545 and 160.550, sections
161.099 and 161.610, RSMo, sections 162.203 and 162.1010, RSMo, section
163.023, RSMo, sections 166.275 and 166.300, RSMo, section 170.254, RSMo,
section 173.750, RSMo, and sections 178.585 and 178.698, RSMo, shall
become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo. (L. 1993 S.B. 380 §§ 17, 20, A.L.
1995 S.B. 3)

*This section was repealed by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. Nothing in this section or section 105.1209, RSMo, shall be
construed to affect or limit any state agency's authority regarding
professional registration, licensing or issuance of professional
certificates, nor shall this section be construed to limit or affect the
authority of the state board of education to examine applicants and issue
high school equivalency certificates.

2. The school board of each school district shall establish a written
policy on student participation in statewide assessments. The policy
shall be provided to each student and the parent, guardian or other
person responsible for every student under eighteen years of age at the
beginning of each school year and a copy of the policy shall be
maintained in the district office and shall be available for viewing by
the public during business hours of the district office. A school board
may establish a policy designed to encourage students to give their best
efforts on each portion of any statewide assessment established pursuant
to section 160.518, RSMo, which may include but is not limited to
incentives or supplementary work as a consequence of performance.

3. In no case shall the state board of education or any other state
agency establish any single test or group of tests as a condition or
requirement for high school graduation or as a requirement for a
state-approved diploma. (L. 1999 H.B. 889 § 162.1120, except first
sentence, A.L. 2004 S.B. 968 and S.B. 969)

CROSS REFERENCE: Statewide assessment policy authorized, RSMo 160.518

1. On or before July 1, 2001, the state board of education shall
add to any school facilities and safety criteria developed for the
Missouri school improvement program provisions that require:

(1) Each school district's designated safety coordinator to have a
thorough knowledge of all federal, state and local school violence
prevention programs and resources available to students, teachers or
staff in the district; and

(2) Each school district to fully utilize all such programs and resources
that the local school board or its designee determines are necessary and
cost-effective for the school district.

2. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2000, shall be invalid and void. (L. 2000 S.B. 944)

1. The director of the department of transportation shall have
the authority to award grants to local governments for the purpose of
obtaining retro reflective sheeting for school warning signs which shall:

(1) Be fluorescent yellow-green in color;

(2) Comply with Section 7B.07 of the Manual on Uniform Traffic Control
Devices of the United States Department of Transportation; and

(3) Qualify as Type IX retro reflective sheeting as defined by the
American Society for the Testing of Materials (ASTM).

2. The grants awarded pursuant to this section shall be paid from the
general revenue fund, subject to appropriation, and may not exceed a
total amount of two hundred thousand dollars.

3. To qualify for a grant pursuant to this section, local government
entities shall contribute local funds, labor or materials in an amount
not less than twenty-five percent of the amount of such community's grant
award.

4. In awarding the grants, the director shall consider the community's
need for assistance based on safety concerns related to traffic control
near a school. The director shall also consider awarding grants to public
governmental bodies in different regions throughout the state.

5. The department shall promulgate such rules as are necessary to
implement this section. No rule or portion of a rule promulgated pursuant
to this section shall become effective unless it has been promulgated
pursuant to chapter 536*, RSMo. (L. 2001 S.B. 244 § 1)

*Original rolls contain "356", an apparent typographical error.

1. There is hereby established a pilot program for public middle
school students using military training and motivation methods. This
program shall be established jointly by the department of elementary and
secondary education, the department of social services and the national
guard.

2. The program may include and emphasize appropriate role model examples,
adventure training, codes of conduct and policies on discipline as
necessary to train students to become personally disciplined.

3. Students in the seventh or eighth grade* may apply to attend the
program upon recommendation of their school administration, or upon
recommendation by local division of family services counselors.

4. This program shall be a four-week residential program at a national
guard facility during which time military training instructors from the
national guard shall have overall responsibility for the students.
Academic instruction shall be provided by the local school system and
needed training for the families of the students shall be provided by
school counselors or the department of social services.

5. There is hereby established in the state treasury the "National Guard
Pilot Instruction Program Fund". The pilot program of public instruction
established pursuant to this section shall be funded by moneys from this
fund. The fund may receive any grants, gifts, donations and
appropriations for the purpose of establishing and operating this
program. (L. 2000 S.B. 944)

*Word "grades" appears in original rolls.

1. The department of elementary and secondary education shall
identify as a priority school any school building or attendance center
that fails to meet acceptable standards of student achievement
established by the state board of education and based upon factors which
shall include, but not be limited to, student assessments, graduation
rate, drop-out rate, school attendance rate, graduate placement in
college, vocational or technical school, or high-wage employment and
incidence of school violence.

2. The board of education of any district that contains a priority school
shall submit a comprehensive school improvement plan that provides for
the following:

(1) Identification of the areas of academic deficiency in student
performance on the statewide assessment established pursuant to section
160.518 by disaggregating scores based upon school, grade, academic
content area and student demographic subgroups, which shall include, but
shall not be limited to, race, ethnicity, disability status, migrant
status, limited English proficiency, and economic disadvantage;

(2) Implementation of research-based strategies to assist the priority
school in addressing the areas of deficiency;

(3) Alignment of the priority school's curriculum to address deficiencies
in student achievement;

(4) Reallocation of district resources to address the areas of academic
deficiency, which shall include focusing available funding on
professional development in the areas of deficiency; and

(5) Listing of all school buildings and attendance centers declared to be
priority schools in the district's annual school accountability report
distributed pursuant to section 160.522.

3. The state board of education may appoint a team to conduct an
educational audit of any priority school to determine the factors that
have contributed to the lack of student achievement and shall give audit
priority to schools based upon failure to meet standards of student
achievement as established pursuant to this section.

(1) An audit team shall include an experienced teacher and an experienced
administrator from successful school districts of comparable size and
per-pupil funding. The size of the audit team shall be based upon the
size of the school to be audited;

(2) The audit team shall report its findings to the state board of
education and the local board of education;

(3) The state board may require all or part of those findings to be
addressed in the comprehensive school improvement plan required pursuant
to this section.

4. Comprehensive school improvement plans shall be evaluated based upon
standards established pursuant to subsection 2 of this section and upon
the following time lines:

(1) The comprehensive school improvement plan shall be submitted to the
department of elementary and secondary education on or before August
fifteenth following any school year in which a school district building
meets the criteria established under subsection 1 of this section;

(2) The department of elementary and secondary education shall review and
identify areas of concern in the plan within sixty days of receipt; and

(3) Changes to the plan shall be forwarded to the department of
elementary and secondary education within sixty days of notice to the
district of the areas of concern.

5. The department of elementary and secondary education shall withhold
funds authorized in section 163.031, RSMo, from any school district that
fails to submit a comprehensive school improvement plan based upon the
standards and time lines established in this section. Withheld funds
shall be released upon submission of a comprehensive school improvement
plan that meets the established requirements.

6. Designation as a priority school and the effectiveness of the school
district in implementing the comprehensive school improvement plan
required under this section shall be considered by the state board of
education in the school district's accreditation granted pursuant to
section 161.092, RSMo.

7. No rule or portion of a rule promulgated under this section shall
become effective unless it has been promulgated pursuant to chapter 536,
RSMo. (L. 2002 H.B. 1711, A.L. 2004 S.B. 1080)

1. The state of Missouri shall participate in the federal Infant
and Toddler Program, Part C of the Individuals with Disabilities
Education Act (IDEA), 20 U.S.C. Section 1431, et seq., and provide early
intervention services to infants and toddlers determined eligible under
state regulations.

2. The state agency designated by the governor as the lead agency shall
be responsible for the administration and implementation of Part C of
IDEA through a regional Part C early intervention system and shall
promulgate rules implementing the requirements of Part C of IDEA
consistent with federal regulations, 34 C.F.R. 303, et seq.

3. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in sections
160.900 to 160.925 shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. Sections 160.900 to 160.925 and
chapter 536, RSMo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, RSMo, to review, to delay
the effective date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after July 1, 2005, shall be invalid and void.
(L. 2005 S.B. 500)

Sunset date 8-28-07, unless reauthorized

Termination date 9-01-08, unless reauthorized

1. The lead agency shall establish a "State Interagency
Coordinating Council" for the state Part C early intervention system. The
composition of the council shall include the members required under Part
C of the IDEA consistent with federal regulations, 34 C.F.R. 303.601,
appointed by the governor.

2. The state interagency coordinating council shall meet at least
quarterly and shall comply with chapter 610, RSMo.

3. The state interagency coordinating council shall advise and assist the
lead agency pursuant to IDEA requirements, 34 C.F.R. 303.650 to 303.654.

4. The state interagency coordinating council shall assist the lead
agency in the preparation and submission of an annual report to the
governor and to the secretary of the United States Department of
Education on the status of infant and toddler early intervention programs
in the state and report any recommendations for improvements to such
programs.

5. The lead agency, in consultation with any other state agencies
involved in the Part C early intervention system, shall submit rules and
regulations, other than emergency rules and regulations, to the council
for review prior to the lead agency's final approval. The council shall
review all proposed rules and regulations and report its recommendations
thereon to the lead agency within thirty days. The lead agency shall
respond to the council's recommendations providing reasons for proposed
rules and regulations that are not consistent with the council's
recommendations. (L. 2005 S.B. 500)

Sunset date 8-28-07, unless reauthorized

Termination date 9-01-08, unless reauthorized

1. The lead agency shall maintain a state Part C early
intervention system under Part C of the Individuals with Disabilities
Education Act, 20 U.S.C. Section 1431, et seq., for eligible children and
families of such children which shall be administered through the
regional Part C early intervention system.

2. The lead agency shall compile data in the system on the number of
eligible children in the state in need of early intervention services,
the number of eligible children and their families served, the types of
services provided, and other information as deemed necessary by the
agency.

3. The state Part C early intervention system shall include a
comprehensive child-find system and public awareness program to ensure
that eligible children are identified, located, referred to the system,
and evaluated for eligibility.

4. The lead agency shall monitor system expenditures for administrative
services and regional offices to ensure maximum utilization of state
funds for all children determined to be eligible for early intervention
services. The lead agency or its designee shall provide regional offices
with the necessary financial data to assist regional offices in
monitoring their expenditures and the cost of direct services. Such data
shall include the number of children eligible from the most recent child
count from that region and monthly data reports on the costs spent by
providers in their network.

5. The lead agency shall establish a bidding process for determining
regional offices across the state. The bidding process shall establish
criteria for allowing regions to implement models that will serve the
unique needs of their community. Such process shall encourage
organizations bidding for a center to demonstrate agreements:

(1) With other state and local government entities that provide services
to infants and toddlers with developmental disabilities including
regional centers as defined in section 633.005, RSMo, and boards
established under sections 205.968 to 205.973, RSMo; and

(2) To collaborate with established, quality early intervention providers
in the region to establish a network for early intervention services.

6. The lead agency shall establish a centralized system of provider
enrollment to assure that all Part C early intervention system providers
meet requirements of Part C regulations and the Missouri state plan. (L.
2005 S.B. 500)

Sunset date 8-28-07, unless reauthorized

Termination date 9-01-08, unless reauthorized

1. Each regional office shall include in their proposal the
following assurances and documentation of their plan to:

(1) Provide those functions that are specifically identified under
federal and state regulations implementing Part C of IDEA, 20 U.S.C.
Section 1431, as functions to be provided at public expense, with no cost
to the parent;

(2) Contract with established community early intervention providers or
hire providers as geographic necessity requires to ensure all services
are available and accessible within the region;

(3) Implement a system of provider oversight to ensure:

(a) That all services are available and accessible within that region
including the use of providers hired by the regional office where
geographic necessity requires this practice; and

(b) Compliance by all providers in the regional office's provider
network, including but not limited to upholding the requirements of Part
C of IDEA;

(4) Include in each child's individual family service plan family-
oriented approaches to support the child's developmental goals;

(5) Incorporate as the focus of the individualized family service plan
best available practices and coaching approaches that support the
family's capacity to meet the developmental needs of their child;

(6) Develop or maintain resources or utilize multiple funding sources for
providing early intervention services for children with disabilities in
the region for which they are bidding; and

(7) Implement a system for reutilization of assistive technology devices
and oversight of assistive technology authorizations.

2. The lead agency may determine other assurances and request additional
documentation they deem to be necessary and reasonable to achieve the
purpose of this section and to comply with applicable federal law and
regulation. (L. 2005 S.B. 500)

Sunset date 8-28-07, unless reauthorized

Termination date 9-01-08, unless reauthorized

1. No funds appropriated to the lead agency for the
implementation and administration of sections 160.900 to 160.925 shall be
used to satisfy a financial commitment for services that should have been
paid from another public or private source. Federal funds available under
Part C of the IDEA, 20 U.S.C. Section 1431, et seq., shall be used
whenever necessary to prevent the delay of early intervention services to
the eligible child or family. When funds are used to reimburse the
service provider to prevent a delay of the provision of services, the
funds shall be recovered from the public or private source that has
ultimate responsibility for the payment.

2. Nothing in this section shall be construed to permit any other state
agency providing medically related services to reduce medical assistance
to eligible children.

3. Payments for the provision of direct early intervention services to
children and families shall be paid in the manner prescribed by the lead
agency.

4. The lead agency shall promulgate rules for the reimbursement of
services from all third-party payers, both private and public.

5. The lead agency or its designee shall, in the first instance and where
applicable, seek payment from all third-party payers prior to claiming
payment from the state Part C early intervention system for services
rendered to eligible children.

6. The lead agency or its designee may pay required deductibles, co-
payments, coinsurance or other out-of-pocket expenses for a Part C early
intervention program eligible child directly to a provider.

7. The lead agency shall promulgate rules that establish a schedule of
monthly cost participation fees for early intervention services per
qualifying family regardless of the number of children participating or
the amount of services provided. Such fees shall not include services to
be provided to the family at no cost as established in Part C of IDEA, 20
U.S.C. Section 1431, et seq. Fees shall be based on a sliding scale to
become effective October 1, 2005, that contemplates the following
elements:

(1) Adjusted gross income, family size, financial hardship and Medicaid
eligibility with the fee implementation beginning at two hundred percent
of the federal poverty guidelines;

(2) A minimum fee amount of five dollars to the maximum amount of one
hundred dollars monthly, with the lead agency retaining the right to
revise the fee schedule no earlier than the third year after the family
cost participation effective date;

(3) An increased fee schedule for parents who have insurance and elect
not to assign such right of recovery or indemnification to the lead
agency;

(4) Procedures for notifying the regional office that a family is not
complying with the cost participation fee and procedures for suspending
services.

8. All amounts generated by family cost participation, insurance
reimbursements, and Medicaid reimbursement shall be deposited to the fund
created in section 160.925.

9. The lead agency may assign the collection of early intervention
participation fees, payments, and public or private insurance to a
designee, contractor, provider, third-party agent, or designated
clearinghouse participating in the Part C early intervention system. Such
fees, payments, or insurance amounts shall be paid to the department, its
designee, contractor, provider, third-party agent, or designated
clearinghouse in a timely manner. Notice of collection procedures,
schedule of fees or payments, and guidelines for inability to pay shall
be made available to parents of eligible children. (L. 2005 S.B. 500)

Sunset date 8-28-07, unless reauthorized

Termination date 9-01-08, unless reauthorized

There is hereby created in the state treasury the "Part C Early
Intervention System Fund" for implementing the provisions of sections
160.900 to 160.925. Moneys deposited in the fund shall be considered
state funds under article IV, section 15 of the Missouri Constitution.
The state treasurer shall be custodian of the fund and shall disburse
moneys from the fund in accordance with sections 30.170 and 30.180, RSMo.
Upon appropriation, money in the fund shall be used solely for the
administration of sections 160.900 to 160.925. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, any moneys remaining
in the fund at the end of the biennium shall not revert to the credit of
the general revenue fund. The state treasurer shall invest moneys in the
fund in the same manner as other funds are invested. Any interest and
moneys earned on such investments shall be credited to the fund. (L. 2005
S.B. 500)

Sunset date 8-28-07, unless reauthorized

Termination date 9-01-08, unless reauthorized

Pursuant to section 23.253, RSMo, of the Missouri sunset act:

(1) The provisions of the program authorized under sections 160.900 to
160.925, section 162.700, RSMo, and section 376.1218, RSMo, shall
automatically sunset two years after August 28, 2005, unless reauthorized
by an act of the general assembly; and

(2) If such program is reauthorized, the program authorized under
sections 160.900 to 160.925, section 162.700, RSMo, and section 376.1218,
RSMo, shall automatically sunset twelve years after the effective date of
the reauthorization of sections 160.900 to 160.925, section 162.700,
RSMo, and section 376.1218, RSMo; and

(3) Sections 160.900 to 160.925, section 162.700, RSMo, and section
376.1218, RSMo, shall terminate on September first of the calendar year
immediately following the calendar year in which the program authorized
under sections 160.900 to 160.925, section 162.700, RSMo, and section
376.1218, RSMo, is sunset. (L. 2005 S.B. 500 § 1)

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.